"b, 


4^ 

W     r 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


;.i 


IfriM 


2.2 


•^  1^  ill: 


1.25 

1.4 

1.6 

-* 6"     — 

► 

VQ 


Va 


/ 


O 


/ 


s 


Photographic 

Sciences 

Corporation 


)3  WIST  MAIN  STRKT 

WIBSTfR.N.Y.  14580 

(716)  B73-4S03 


.%^ 


•^ 


c<p 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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0 


D 
D 


D 


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n 


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D 
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10X  14X  18X  22X 


12X 


16X 


20X 


30X 


24X 


28X 


D 

32X 


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conformity  avec  les  conditions  du  contrat  de 
filmage. 


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or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  ^^  (meaning  "CON- 
TINUED "),  or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim^e  sont  filmds  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
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d'impression  ou  d'illustration,  soit  par  le  second 
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d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ^  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 


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different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
film^s  d  des  taux  de  reduction  diff6rents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  cliche,  il  est  film6  A  partir 
de  Tangle  supdrieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  m6thode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

32X 


'J    ' 


^lt^(>e  d){\)ee^i. 


ONLY   CORRECT  REPORT 


TH 


BEAVER   LAKE   TEAGEDY 


FULL  A\l)  PAUTI(H:LAI{  ACCOUNT 


OF 


THE   WJiOLK  PROCEEDINGS 


IV    THE    Alill\  V. 


EXTRAORDIN A II Y    (RLM KS 


Willi     \ 


CAREFUL  REPORT  OF  THE  TRIAL. 


(tonbiction  ;iiib   Jtntnuc  of  t|)c  '^fdisfli. 


N  E  W  -  Y  0  R  K  : 
PUIUJSHEIJ  FOR  IV  OlUllEN,  ST.  .lOlIN,  N.   R 

IS.')? 


y> 


^1 


ONLY  CORRECT  REPORT. 


THE 


BEAVER  LAKE  TRAGEDY. 


FULL  AND  PARTICULAR  ACCOUNT 


OF 


THE  WHOLE  PROCEEDINGS 


( 


IN   THE   ABOVE 


v.') 


EXTRAORDINARY    CRIMES 


WITH    A 


CAREFUL  REPORT  OF  THE  TRIAL. 


(!>  oitbittioii  anb  ^cntnuc  of  tijc  Slccuscb. 


N  E  W  -  Y  0  R  K  : 
PUBLISHED  FOR  B.  O'BRIEN,  ST.  JOHN,  N.  B. 

18j7. 


• 


m 


THE     BEAVER     LAKE, 


ON, 


MISPECK  TRAGEDY. 


1—1 

SJ 

>^ 

1—1 
H 

pq 
O 


O 

i  t:- 


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I  O 

i-J 


o 


INTRODUCTION 

On  tlio  nip;lit  of  Saturday,  October  tlio  2")th.  was  pcrpt'tratcl  a  rrinip  of  a  diabolical 
nature  ?iich  as  was  never  approached  in  this  Province.  We  have  had  murders  and  arsons, 
but  most,  if  not  all.  c)f  the  formrr  have  been  caused  by  heated  blnod.  often  by  drunlxcn- 
ness.  \vv\  quarrels  arising:  therefrom.  But,  wo  believe,  it  never  has  entered  the  niinds  of 
any  men  in  X(.'W  Brunswick,  certainl}-  it  has  not  entered  the  minds  of  any  New  Hrnns- 
wickers,  to  TnunU-r  a  man.  his  m  ifc  and  his  helpless  children,  in  cold.  calm,  calculatinj^ 
villainy,  fir  the  sake  of  his  money,  and  then  to  cover  the  crime,  to  burn  down  the  mur- 
derer! man's  property,  and  to  destro}-  in  the  fire  all  the  corpses  of  the  slain  ! 

On  Satunkay  ni.u;ht  tlien  such  a  crime  was  committed  as  never  before  was  heard  of  in 
New  Brunswick,  and  such  as  may  parallel  the  worst  murders  committed  in  any  part  of 
the  world,  equalling  indeed,  in  horror,  if  not  in  extent,  the  bloody  atrocities  of  the  In- 
dian Sepoys. 

Robert  ^IcKenzie.  the  murdered  man,  was  a  native  of  Scotland,  who  had  been  domi- 
ciled in  New  Brunswick  many  years,  having  carried  on  the  business  of  a  tailor  in  (Utferent 
p.irts,  latterly  in  St.  John,  and  from  which  business  he  had  retired  on  an  ample  compe- 
tency, to  a  farm  at  Mispeck  which  he  owned,  and  which  b]'  the  expenditure  of  skill  and 
capital  he  had  brought  to  a  high  state  of  fertility.  Surroundcnl  l)y  every  necessary  com- 
fort.joined  to  a  faithful  and  attached  partner,  and  blessed  with  a  numerous  progeny, 
Robert  M'^Kenzie  was  in  such  a  position  as  most  tradesmen  aspire  to,  as  a  happy  means 
of  pas-ing  the  evening  of  their  career.  But  beside  the  quiet  business  of  his  farm,  .Mr. 
McKenzie  was  also  a  money  lender,  and  it  is  said  that  lie  made  an  ostentatious  display 
of  his  wealth  before  every  one  who  came  to  borrow.  Be  that  as  it  may,  it  woidd  seem 
to  have  re(piir('d  very  little  to  have  excited  the  cupidity  of  the  wretches  by  whom  this 
poor  man'.s  life  was  taken. 

About  the  last  week  of  October,  McKenzie  w  -  .'esirous  of  getting  the  assistance  of  a 
firm  laborer.  Jle  had  an  unoccupied  house,  whieli  lie  otrered  for  the  use  of  his  laborer, 
and  he  bkewise  offered  a  certain  sum  per  acre  for  all  the  work  the  laborer  performed. 
Not  far  from  McKenzie's  house  wastlie  hut  of  the  Slavins.  now  charged  with  the  murd*, 
and  here  stayed  James  ]?reen,  who  seemed  to  have  adopted  several  aliascft,  for  what  pur- 
pose it  is  not  now  difficult  to  understand.  Brecn  was  anxious  to  engage  with  McKenzie 
to  work  on  his  farm,  and  it  is  ascertained  that  he  did  so  engage  with  him.  Breen  was 
to  occupy  the  empty  house,  nearly  opposite  McKenzie's,  and  he  was  to  bring  his  wife 
and  family  there  to  live.  Whether  Breen  had  a  wife  and  family  to  bring  is  doubtful, 
tlidv  is  little  doubt,  however,  that  he  never  intended  to  bring  thetn. 

Let  us  now  relate  the  facts  as  they  came  before  the  police  of  this  city. 

The  first  news  arrived  early  on  Monday  morning,  the  2Gth  October.  Vague  rumors 
spread  ab(jut  the  city  that  McKenzie,  who  was  well  known  here,  had  cut  his  throat,  and 
had  set  fire  to  his  house  and  therein  burned  his  wife  and  children.  By  and  bye.  how- 
ever, it  b  'gan  to  be  reported  diU'erently.  Circumstances  pointed  to  the  fact  that  murder, 
most  foul  murder,  had  been  committed.  People  went  out  of  town  to  the  scene  of  the 
horrid  deed,  which  is  distant  about  eleven  miles,  and  from  those  whb  dwelt  near,  particu- 
lars were  gatliered  which  fully  aroused  and  alarmed  the  public  mind.  Soon  no  doubt 
was  entertained  that  a  series  of  diabolical  murders  had  been  committed.  The  manner 
in  which  they  were  discovered  was  this  : 

1'he  iiearest  house  to  that  of  McKenzie  is  that  of  Peter  O'llara,  who  resides  about  half 
a  mile  further  on  the  road  from  the  city.     About  ten  minutes  before  eleven  o'clock  on 


/«. 


Iv 


THE  MFSPECIv  TRAGEDY. 


Sunda}'  morninj];,  the  25th  of  October,  ho  had  occasion  to  pass  McKenzie's,  and  on  arriv- 
ing' at  the  spot  he  was  astounded  to  find  that  of  the  dwcHinf;  houses  nothinj;  was  left 
hut  a  blackened  i)ile  of  ashes,  from  which  the  fire  liad  so  lon^  burned  out.  that  tliere  was 
8carcel3'  '-^  sniouhlering  left.  O'llara  at  first  thought  the  family  must  liave  been  out.  or 
had  escaped, — it  never  entered  his  mind  that  they  were  murdered  or  burned, — and  he 
went  on  his  way  without  making  any  particular  examination  of  the  promises,  just  look- 
in;;  casually  over  them  and  deterinininij;  to  get  further  information  at  tlie  next  iiouse. 
'I'his  house  was  one  mile  nearer  the  city,  and  is  occupied  by  a  man  named  Robertson. 
Robertson  was  as  ignorant  of  the  matter  as  U'l  Fara  had  been — he  had  not  seen  the  ihunes 
nor  had  he  heard  of  McKenzio  liaving  been  away,  or  having  moved  after  the  tire.  lie 
was,  m  short,  perfectly  ignorant  of  the  event.  O'llara  and  Robertson  determined  at  once 
to  go  for  assistance,  to  relate  the  matters  to  a  magistrate,  and  immediately  to  commence 
the  first  steps  of  an  inquiry  into  what  seemed  to  them  an  unfathomable  mystery.  The}' 
went  to  examine  the  ruins  on  their  w.ay  to  the  nearest  magistrate. 

It  may  here  be  necessary  to  explain  the  position  of  the  premises.  The  house  occupied 
by  McKenzio  is  on  the  south  side  of  the  road  ;  that  which  Breen  was  to  occupy  was  a 
little  nearer  the  city,  on  the  north  side  of  the  road.  Immediately  o|)posite  Mckenzie's 
house  was  a  barn,  and  in  the  rear  was  another  barn.  Both  these  barns  were  uninjured, 
while  both  houses  were  burned  to  the  ground.  It  was  clear,  therefore,  that  o)ie  liousu 
hail  not  caught  fire  from  the  other,  or  the  barn  in  front  of  McKenzie's  would  have  been 
burned.  O'llara  and  Robertson  entered  the  ruins  of  McKenzie's  house,  and  there  they 
found  his  money-chest  unlocked,  empty,  and  the  key  in  it.  It  was  clear  tliat  he  had 
been  robbed,  or  rather  that  seemed  probable.  They  then  went  on  to  the  residence  of  the 
nearest  magistrate,  William  Hawks.  Esq..  of  Black  River,  and  finding  him  at  home,  they 
returned  together  to  McKinzie's.  Now  they  instituted  a  more  particular  search  among 
tlie  ruins  of  McKenzie's  dwelling  house,  and  they  found  on  the  spot  where  the  kitchen 
had  been,  near  the  lire-place,  the  charred  remains  of  bones,  which  they  supposed  Mere 
those  of  McKenzie's  wife  and  children,  but  the  quantity  of  these  remains  was  so  small 
that  it  was  difficult  to  determine  whether  they  were  male  or  female  bones,  or  whether 
they  were  those  of  grown  persons  or  children.  They  now  passed  over  to  the  otiier  house, 
and  on  searching  this  they  found  part  of  a  body,  which,  from  the  buttons  and  a  brace- 
buckle  found  near,  was  supposed  to  be  that  of  jMcKenzie.  Nothing  was  left  but  the 
blackened  remains  of  the  trunk  and  part  of  the  thighs.  It  was  headless,  had  no  arms, 
and  from  its  appearance  might  easily,  in  other  circumstances,  causing  less  minute  inspec- 
tion, have  been  taken  for  a  log  of  charred  wood. 

At  the  time  this  examination  was  concluded,  it  was  after  four  o'clock.  The  examiners 
were,  in  all  probability,  bewildered  with  horror,  excited  by  the  awful  visitation  which 
had  fallen  on  McKenzie  and  his  family.  It  was  difficult  to  tell  whether  all  might  not  be 
tlie  result  of  accident  rather  than  crime.  The  circumstances  of  the  crime  were  entii'ely 
novel  to  the  simple  country  people  of  the  district,  and  prompt  action  under  the  appalling 
circumstances  was  hardly  to  be  expected  from  them,  though  for  the  furtherance  of  the 
ends  of  justice  it  was  desirable,  and  might  have  been  necessary. 

All  parties  returned  to  their  homes,  and  it  was  not  till  next  day,  (Monday,)  that  the 
m.agistrate  and  those  who  had  interested  themselves  in  the  matter,  came  to  St.  John  and 
communicated  the  details  of  the  horrid  affair  to  the  authorities  here. 

Tlie  proceedings  subsequent  to  this  stage  have  been  chiefly  of  a  judicial  nature. 
On  Tuesday,  the  Coroner,  with  a  jury,  assembled  on  the  premises  at  Mispeck,  to  view 
the  remains,  to  examine  the  spot  where  the  murders  were  perpetrated,  and  to  examine 
M'itnesses.  Throughout  these  proceedings,  however,  the  press  was  not  permitted  to  take 
notes  of  the  evidence,  or  of  any  particulars  which  came  before  the  Coroner.  By  the 
public  all  this  precaution  was,  of  course,  deemed  excessively  absurd,  the  more  so  because 
the  Coroner  permitted  any  one  to  hear  the  evidence,  and  to  carry  away  details  to  sus- 
pected parties,  and  in  short,  he  sat  in  open  court.  The  daily  press  animadverted  on  this 
subject  at  the  time,  but,  for  what  reason  we  know  not,  with  much  less  than  its  wonted 
severity  in  a  matter  so  obviously  detrimental  to  the  ends  of  public  justice. 

The  evidence  which  was  taken  on  Tuesday  was  repeated  in  all  its  essential  peculiarities 
on  Wednesday  and  the  two  following  days,  and  in  substance  it  was  pretty  much  as  follows  : 
Mrs.  Slavbn,  the  wife  of  onejof  the  parties,  since  accused  of  the  murder,  was  captured 
on  Monday  evening  by  Captain  Schoular,  Chief  of  the  City  Police,  in  consequence  of  a 
suspicion  he  entertained  that  her  family  were  connected  with  the  matter,  owing  to  all  the 
male  members  of  it  having  withdrawn  from  the  neighborhood,  and  their  whereabouts  not 
being  known.  Mrs.  Slaven  is  a  tall,  thin  woman,  not  in  any  wise  of  remarkable  personal 
appearance.  She  is  an  Irish  woman.  At  the  inquest  she  spoke  leisurely,  and  as  if  care- 
fully weighing  the  consequence  of  every  word;  and  it  was  with  much  difficulty  she  was 
got  to  answer  the  questions  of  the  Coroner. 


towidW 


!vncl  on  arriv- 
liinp:  was  left 
lilt  there  was 
been  out.  or 
iH'(l.— and  he 
-•s,  jii.st  look- 
next  house. 
I  Hobertson. 
'11  the  liaines 
-bo  <iiv.     He 
>ine(l  at  once 
;o  comnu'iico 
'teiy.     The^' 

use  occupied 
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McKenzie's 
uninjured, 
t  one  bouse 
d  have  been 
1  there  tliey 
tliat  ho  iiad 
deuce  of  the 

fiorne,  they 
arch  amoiiir 
the  kitchen 
posed  M'ere 
as  so  small 
or  whether 
>tlier  house. 
11(1  a  brace- 
left  but  the 
ad  no  arms, 
lute  insjiec- 

'  examiners 
tion  which 
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re  entirely 
2  ap])allin!; 
"ce  of  the 

)  that  the 
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By  the 

>  because 
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(1  on  this 
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Hilarities 
ft^llows : 
captured 
nee  of  u 
o  all  the 
outs  not 
personal 
if  care- 
she  was 


THE  MISPECK  TRAGEDY.  v 

Mr.s.  Slavin,  then,  under  the  {greatest  possible  pressure  was  induced  or  compelled  to  say 
that  a  man  named  Hreen  or  Green,  wliom  her  hushand  had  met  at  the  water  works.  an<l 
with  wliom  he  had  worked  on  the  Railway,  but  had   never  known  previously,  had  l>een 
stopi)in,i:;  for  some     nic  at  her  house.     (She  gave  a  description  of  him.  which  corresponded 
with  tiiat  jriven  of  a  man  called  Williams,  wlio  was  already  suspected  of  the  niunlers  or 
having:  a  band  in  them.)     lie  stopped   there  in  all  about  lifteen  nights,  but  he  bad  not 
luen  there  for  ten  days  before   last  Sunday  morning,  when  be  came  there  for  a  shirt  of 
liis.  she  had  to  wash.     He  got  there  between  seven  and  eight  o'clock,  and  said  he  had 
Avallced  out  from  town.     He  did  not  look  soiled  or  dirty,  and  she  never  saw  any  mark  of 
l)!o()d  on  his  clothes.     He  put  on  the  shirt — a  wliite  one — the  shirt   he  wore  lefore  was 
str  pped.     He  said  nothing  of  the  tire  at  Mclvenzie's,  or  of  the  murder.     IJreen  took  his 
breakfast  there,  and  left  soon  after,  and  she  bad  seen  nothing  of  him  since.     He  said  ho 
was  .uoing  to  Boston,  or  to  Woodstock,  where  his  brother  lives.     She  swore  positively  be 
was  not  there  during  the  week  before.     She  often  beard  it  said,  for  many  a  year  jiast, 
that  McKenzic  bad  money.     She  one  day  heard  his  man  Polly,  who  has  gone  away,  tell 
IJreen  in  Kiiig  Square,  that  he  had  £30,000, but  that  be  kept  none  in  the  house  l)Ut  enough 
to  pay  bis  men.     On  Monday  morning,  after  breakfast,  she  left  home  for  the  city,  leaving 
all  her  family  at  home,  and  she  did  not  know  what  became  of  them  since.     She  toM  Mr. 
Scoullar  that  she  had  seen   her  husband   on  King   Square,  but  that  was  not  ti'ue.     Slie 
could  prove  the  time  she  came  to  town,  and  that  she  borrowed  an  umbrella  <ni  tlie  road. 
She  protested  ihat  she  knew  nothing  of  the  lire  at  McKenzie's.  or  of  the  fate  i>f  the  family. nor 
coulil  she  tell  where  her  husband  and  son  were.     When  pressed  on  tliis  i)nint,  her  lirm- 
ncss  forsnok  her,  and  she  cried  a  little,  and  just  at  this  time  her  second  son  was  brought 
into  court  to  give  evidence.     On  seeing  him  unexpectedly  she  cried  piteously,  exclaiming, 
while  tlie  ofTicers  removed  her.  '"Oh!  Johny,  Johny.  you  won't  hang  your  pooi'  father." 
Tlic  boy.  John  Slavin.  to  whom  the  mother  referred,  is  twelve  years  old.  and  his  re- 
plies v.'ere  given  in  a  quick  oll'-hand  manner  not  common  at  bis  years.     He  stated  liis  own 
age  to  be  ten.     On   the  ^londay  before   the  ^Kjuest  when  Mr.  Scoullar  went  to  gatlier 
information  at  the  place  of  the  murders,  this  boy  told  him  his  name  was  Dunn.     He  said 
his  father  bad  told  him  to  do  so.     He  knew  Hugh  Dreen.     His  father  and  mother  hail 
known  him  in  the  old  countr}'.     He  described  his  dress  and  appearance.     He  said  he  was 
stayiik.'-  at  their  house  for  five  weeks,  and  was  there  every  night  last  week,  but  Thui'sday 
night  (tlie  night  Williams  slept  at  McKenzie's).     On  Saturday  morning  he  heard  Ureen 
(who,  lie  said,  was  sometimes  called  William  James)  and  his  father  and  brother  speaiung 
of  McKenzie,  and  what  lots  of  money  he  had.     After  breakfast  IJreen.  his  father,  and  bis 
brother  Pat,  all  left  (they  said)   for  town.     They  did   not  return  until   after  night;  be 
thought  about  two  hours  after  night.     He  had  been  asleep,  and  awoke  when  they  came 
in.     Tiiey  had  a  bag  aliout  the  size  of  a  Hour  bag.     They  threw  it  on  the  ihxu'.  and  it 
made  some  noise,     lie  thought  there   were  clothes   in   it.     They  talked  in  whisi)ers,  be 
said,  and  he  could  not  hear  what  they  said.     His  mother,  who  bad  been  in  bed,  got  up 
and  got  them  some  supjicr.     The  men  all  washed  their  hands  and  went  to  siq>j)er.     The 
bedroom  door  was  open  but  he  could  not  see  all  that  was  done.     He  saw  a  long  purse 
with  steel  beads  in  lireen's  hands,  and  beard  him  say  how  heavy  it  was,  and  he  saw  a 
watch,  that  looked  yellow,  in  his  band,  but    no  chain.     When  pressed  hard,  he  said  that 
he  OTice  heard  IJreen  say  they  had  a  lot  of  money.     Next  morning  they  took  out  the  bag. 
After  lueakfast  they  went  out  again  into  the  bushes,  near  the  house,  and  as  he  went  out 
to  mind  the  cow  be  watched  them,  and  saw  Breen   hold  a  pocket-book  full  of  gold  and 
notes  open.     That  evening  Breen  went  into  town  and  went  out  again  on  Monday  morn- 
ing early  ;  Breen  said  be  l.ad  been  down  to  Knox's  and  told  that  McKenzie's  house  was 
burned. 

After  breakfast  on  Monday  the  three  went  into  the  busl|es  opposite  the  house,  and  in 
the  course  of  the  day  he  went  out  where  they  had  made  a  camp,  about  a  quarter  or  half 
a  mile  from  the  house.  They  told  him  to  go  home  again.  They  di<l  not  come  to  the 
ht)use  afterwards,  and  he  ilid  not  see  them,  only  be  saw  Pat  early  on  Tuesday  morning, 
when  be  came  to  milk  the  dws.  He  stayed  there  all  day,  preparing  his  own  food,  and 
slept  there  that  night,  and  next  day  he  came  into  town  to  a  friend's  named  Carrol,  where 
the  ])ulicenian  found  him. 

Mr.  Maguire.  living  near  the  Marsh  Bridge,  appeared  to  state  that  a  man  answering  the 
description  of  Breen  called  at  bis  shop  on  Sunday  evening,  and  had  such  a  large  pur.-e  as 
the  boy  described,  and  appeared  to  have  a  great  deal  of  money. 

Mr.  Ramsay,  living  near  the  Valley  Church,  said  that  Breen  came  to  his  house  about 
ten  on  Sunday  night,  and  slept  there,  leaving  about  six  in  the  morning. 

On  Thursday,  John  Dunn  was  again  brought  up,  and  gave  exactly  the  same  evidence 
tiot  contradicting  the  previous  statement  in  the  slightest  particular. 


?i 


THE  MISPECK.  TRAGEDY. 


Mrs.  Slavin  was  arjain  brouj^ht  up,  and  she  atlhcri'd  to  her  story,  declaring  positively 


that  IJrceii  was  not  at  lier  liouse  on  Saturday  nii;fht  or  any  ni^ht  durinj;  the  week,  and 

morning 
L  none 


tliat  he  was  Jiot  there  on  Idonday 
she  was  in  the  countrv.     She  said 


She  gave  some  particulars  as  to  tlic  time 
of  tlie  Dimily  had  heon  in  a  house  of  wur.slnp 
for  many  years.     t)n  iliis  occasion  slie  did  not  appear  as  indillerent  as  on  AV'edntsilny. 

A  man  (named  Quinn,  we  believe.)  came  forward  to  state  that  on  Sunday,  as  lie  wa8 
passing  near  Slavin's,  he  saw  ]'at  and  John  together  on  the  road,  i)hi}-ing  with  a  piece 
of  nuwiey.  I'at  showed  it  to  him,  aiul  a.sked  what  it  was,  and  he  told  him  it  was  a  sov- 
ereign. ]'at  then  offered  it  to  liim  to  have  a  spree,  telling  him  he  had  more  money  than 
he  ever  had.  The  man  refused  it.  telling  the  lad  lie  ha<l  no  right  to  it.  Pat  asktd  him 
if  he  had  lieard  that  McKenzie's  place  was  burned,  and  he  said  he  had  not.  lie  went  on, 
and  after  he  passed  on  a  short  way,  he  turned  back  and  saw  Pat  take  some  out  of  his 
pocket — about  live  sovereigns. 

Jolin  was  again  brought  up  and  asked  if  he  had  seen  this  man.  lie  said  ht;  had  on 
Simday.  He  was  then  told  what  the  man  had  stated,  and  asked  why  he  had  not  spoken 
of  this,  and  he  said  he  had  not  been  asked  about  it.  He  was  then  told  that  he  must  tell 
the  whole  truth,  and'he  then  told  that  on  Saturday  night  when  the  three  men  came  in  he 
sat  up  in  the  settle  bed  where  he  slept,  and  heard  tliem  speak  of  the  murdi  r  and  their 
booty,  and  how  Breen  had  killed  McKenzie  with  four  blows  of  an  axe,  and  they  jint  him 
in  a  corner.  Breen  then  killed  Mrs.  McKenzie  with  the  axe.  and  "cut  the  children." 
They  dragged  these  bodies  together,  and  then  set  lire  to  the  house.  Pat.  he  said,  held 
the  candle,  while  his  fatlier  searched  the  house,  and  it  was  Breen  who  killed  theui  all. 
He  did  not  account  for  Mclvenzie's  being  in  the  other  house,  and  seemed  to  know  nothing 
about  it.  The  three  men  examined  one  another'.s  clothes  carefully,  to  see  if  there  were 
any  signs  of  blood  on  them.  They  said  they  had  a  queer  lot  of  money  and  a  quter  lot 
of  clothes.  They  divided  lifty  sovereigns  that  night.  There  was  some  butter  in  the  bag 
also. 

(This,  we  believe,  is  the  substance  of  what  the  boy  said  on  this  occasion.) 
On  Thursday  evening  two  men  nunu-d  Hagarty,  father  and  sou,  were  arrested  by  Cajit. 
Scoullar.  at  the  head  of  Loch  Lomoiul,  and  brought  into  the  city,  and  on  Friday  they  were 
examined. 

IJernard  Hagarty,  the, son,  stated  that  he  is  .lephew  to  Slavin,  and  that  he  last  saw  the 
two  Slavins  ami  Breen  on  Thursday  morning  near  his  father's  house.     On  Tuesday  morn- 
ing, before  day,  the  three  came  to  the  house  and  woke  them  up.     They  told  them  that 
Mclvenzie's  house  had  been  burned,  and  the  family  murdered,  that  they  were  afraid  sus- 
picion rested  on  them,  and  they  wished  to  conceal  themselves.     They  said  they  were  not 
guilty.    They  got  their  breakfast  and  stayed  about  two  hours,  until  about  sunrise.    They 
appeared  to  be  very  anxious  to  get  away.     They  said  they  would  go  by  way  of  Sussex 
Vale  to  the  Bend,  and  from  that  to  the  United  States.     He  described  how  they  were 
dressed.     The  elder  Slavin  is  not  tall.     He  is  stout,  and  his  hair  is  rather  grey,     lie  went 
to  town,  and  called  at  Slavin's  to  look  after  the  cow  and  milk  her.     He  came  to  town  to 
pay  a  smith's  bill.     After  some  hesitation  he  admitted  that  he  had  got  several  mt.asagea 
fron\  Slavin.     He  was  to  tell  Pagan,  to  whom  Slavin  owed  X3  or  Xl,  to  take  the  cow. 
He  was  to  tell  the  Carrol's  if  the  children  came  to  them  not  to  send  them  to  the  Poor 
House.     He  was  to  learn  the  news,  and  Slavin  gave  him  two  pieces  of  clotli,  reumants.  to 
get  a  trowsers  made  by  the  young  women  Carrols.     All  these  messages  he  executed,  and 
he  spent  the  greater  part  of  the  day  at  the  Carrols.     He  told  them  who  the  trowsers  were 
for.  etc.     He  put  up  his  horse  at  Ktchinghani's.     The  trowsers  were  made  in  the  course 
of  the  day.  and  he  sent  them  home  by  a  boy  living  near  his  place.  He  heard  that  Mrs.  Slavin 
was  arrested.     There  was  no  confusion  in  his  statement  here  ;  but  it  would  appear  that 
it  was  Thursday  morning  when  next  he  saw  the  men  in  the  rude  camp  in  the  woods  near 
his  father's  house.     It  was  atjout  half  a  mile  from  the  house  near  the  shore  of  the  upper 
lake.     He  told  them  that  the  old  woman  was  arrested,  and  that  they  were  suspected  of 
the  nuu'der.     They  said  they  were  innocent,  and  he  told  them  if  they  were  they  had  bet- 
ter come  forward  and  show  themselves  than  be  out  there  all  wet  and  wretched  as  they 
were.     He  took  them  a  piece  of  bread,  about  two  or  three  pounds,  but  no  milk  or  tea. 
He  promised  to  be  with  them  in  the  evening.     They  said  they  would  stay  there  some  days 
and  then  go  to  the  Bend.     He  was  arrested  before  evening.     He  did  not  send  word  to 
them,  and  could  not  tell  if  they  were  there  still.     He  saw  no  money  with  them,  and  got 
none  to  bring  to  town.     He  did  not  tell  those  who  arrested  him  that  the  parties  were 
close  by  in  th«  woods.     He  thought  it  time  enough  to  tell  when  he  was  on  his  oath  and 
obliged  to  tell,    lie  did  not  want  to  have  two  or  three  stories  of  what  he  had  to  say.    Ho 
would  not  come  there  if  he  could  help  it,  or  tell  on  his  own.     lie  meant  to  tell  the  truth. 
This  witness  wore  a  pair  of  pants  much  too  large,  and  they  were  examined  minutely 
He  said  lireen  never  owned  or  had  worn  them. 


tj 
t 

o| 

tf 


THE  MISPECK  TRAGEDY. 


VII 


'";,'  positively 
"!<■  tt-cek-,  and 
^  t"  tlic  time 
!>;<■  of  w(,r.sliij) 
•\'<'<hic,s(ljiv, 
•ly.  ;is  ji(.  was 
r  will,  a  |,ieco 

it  iviis  a  sov- 
L-  nu)ii(.y  tlian 
it  nsUitl  hini 

I'f  Mciit  on, 

^'     out    of   )liR 

'  'i«!  lijul  on 
i  not  spokoji 
J't'  nuL-t  ffll 
'  '"iiuc  ill  }ie 
'■  and  tlifir 
"•y  J"it  liim 
I'Jiildrtn." 

<-'  ■"^■'lid.  Jifld 

d  tfioni  all. 

lowiiotliing 

tliere  were 

!i  queer  lot 
ill  tile  ba^- 


I  ''V  Capt. 
they  Were 

^t  saw  llie 
iiiyinoni- 

Hn.ni  that 

ifi'uid  siis- 

'  were  luit 

^0.    They 

jf  iS'usi-ex 

ii'\-  Were 
lie  Went 
town  to 

in(.a.>a;jes 

tJie  eow. 

he  J'oor 

lants.  to 

i ted.  and 

'lii  Were 

■  course 

'<■  Slavin 

■dv  that 

da  near 

•  upper 

■ted  of 

id  bet- 

5  they 

>r  tea. 

I'  days 

•I'd  to 

d  got 
Were 

li  and 
Uo 

ruth. 

itely 


^ 
■^ 


Afary  Carrol  was  brought  up,  and  at  first  denied  positively  that  slic  know  who  the 
trowscrs  were  for.  She  thouj^lit  tliey  were  for  Ila^rart}'  or  his  father.  At  last  she  admit- 
ted that  she  was  tohl  they  were  lor  old  Slavin.  Slie  said  McCallaghcn,  a  tailor,  cut  them 
out  for  her. 

MeCallaghen  was  sent  for  and  produced  sonic  pieces  of  cloth  left  from  the  trowsrrs.  and 
Mr.  (I'ihnour's  shop-man  proved  that  some  time  aj;o  McKenzie  hmijiht  at  Mr.  (liimour's 
two  remnants  of  precisely  such  cloth.     It  was  sucli  as  the  two  ILiirarty's  described  it. 

The  elder  llairarty  stated  that  on  Mondiy  niLrht  late,  the  three  came  to  his  hou-^e  and 
woke  him  up.  He  is  married  to  Slavin's  sister.  The  large  man  he  did  not  know,  lie 
had  never  seen  him  before,  and  they  did  not  call  him  by  any  name. 

Slavin  told  him  that  McKenzie's  house  had  been  burned  and  tlie  family  killed,  ami  that 
l;e  was  afraid  they  would  l)e  suspecteil  for  it.  as  he  had  had  an  attachment  out  for  a  man 
named  (iordon,  and  had  been  down  there  to  liave  him  arrested.  Mclvenzie,  he  said,  hid 
(tordoii,  and  he  could  not  find  him.  and  lie  was  to  and  fro  about  it,  and  the  other  man 
had  worked  with  McKenzie  and  lia<l  come  to  the  place  after  the  burning,  aiul  he  was 
afraid  they  would  be  suspected,  and  they  thought  it  better  to  keep  out  of  the  way.  The 
big  man  said  he  wished  to  God  he  was  out  of  the  countrj'.  It  was  a  hard  thing  that  he 
should  be  suspected  because  he  had  hired  with  McKenzie.  They  said  nothing  of  hav- 
ing killed  McKenzie,  or  set  fire  to  the  house.  Slavin  was  dressed  in  a  liglit  blue 
twill  trowsers.and  he  gave  the  son  of  witness  a  piece  of  cloth,  to  get  made  uj)  for  him. 

After  they  got  some  breakfast  the}' went  out.  he  could  not  tell  where.  His  son  went 
out  with  them.  lie  knew  no  more  of  themf)r  a  day  or  two,  as  he  wa.s  from  home  at 
shoemaker's  work  at  Cane's.  On  Thursday  morning  he  went  down  where  his  children 
told  him  they  were  encamped,  and  he  called  Slavin  and  Slavin  came  to  him.  and  he  told 
him  that  his  wife  was  arrested.  He  got  so  full  at  the  iden  that  they  were  on  their  ban- 
ishment on  such  a  charge,  that  he  could  say  no  more  and  turned  away.  On  Saturday 
night  his  son  saw  the  lire  about  10  o'clock,  and  tliought  it  was  some  slabs  burning  at  a 
niill  in  that  direction. 

Jle  was  closely  examined  by  some  of  the  Jury  as  to  any  efforts  on  his  part  to  g(.'t  thrui 
away,  or  to  get  them  a  boat,  but  he  denied  that  he  had  d  'iie  anything  of  the  kind. 

The  tailor  Callaghen  and  Mr.  Gilmour's  m;in  were  not  examined  until  after  old  Ilagai'- 
ty's  evidence  was  given. 

The  case  closed  very  unexpectedly  on  Friday  evening.  .30th  Oct.,  and  the  Jury,  after  a 
brief  consultation,  returned  a  verdict  of  AVILFCI/ MURDER  AGAINST  JICGII 
liKEEX,  PATRICK  SLAVIN,  Senior,  aiid  PATRICK  SLAVIN,  Junior. 


AEEEST   OF  THE  ACCUSED. 

• 

As  soon  as  the  A'ounger  Ilagarty's  evidence  was  heard,  it  was  determined  to  make  an- 
other ell'ort  for  the  arrest  of  the  jiarties  immediately,  and  ('apt.  Scoullar  with  two  police- 
men, accompanied  by  Messrs.  James  and  George  Stockford,  and  some  others,  at  once 
started  for  Ilagarty's  house,  taking  young  Ilagarty  with  them,  to  show  the  })Iaee  where 
the  parties  had  encamped. 

The  place  is  about  sixteen  miles  from  the  city,  and  on  the  way  the}^  were  joined  by 
some  people  of  the  neighborhood.  Policeman  Marshall  was  jiut  to  guard  the  house  of 
Ilagarty  and  prevent  any  chance  of  an  alarm  being  made.  With  a  reluctance  not  un- 
natural, young  Ilagarty  guided  them  to  the  place,  and  they  had  approached  within  a  few 
feet  Ijel'ore  those  whom  tliey  sought  took  the  alarm.  Tlien  IJreen  and  the  eldei-  Slavin 
rushed  out  and  were  sei7.ed  by  Policeman  Dobson,  who  led  the  van,  and  Mr.  ycoullar. 
They  otiered  no  resistance,  and  though  Jireen  is  a  very  stout,  powerful  man,  they  were 
scarcely  able  to  otler  any  resiflance.  so  broken  down  were  they  by  exposure  to  the 
Weather,  want  of  food.  &c.  The  boy  Slavin  escaped  at  the  back  of  the  little  hut  and  ran 
some  distance,  but  a  threat  of  shooting  him  or  his  father  brought  him  back,  and  his  father 
called  on  him  to  surrender.  Breen  said  he  surrendered,  and  demeaned  himself  very 
quietly. 

In  the  camp  were  found  some  blankets,  an  axe,  ami  a  shovel.  These  were  brought  in. 
It  is  said  that  the  prisoners  heard  nothing  of  the  llagartys  until  an  hour  or  two  before 
their  own  arrest,  when  some  of  the  family  told  them,  and  they  were  prepared  to  leave 
the  place  as  soon  as  night  fall. 

The  elder  Slavin  was  brought  in  by  George  Stockford  and  some  others  of  the  part}' 
about  eight  o'clock,  and  the  news  of  the  capture  caused  intense  excitement  in  the  city. 
It  was  some  time  after  when  the  others  arrived.  These  showed  the  place,  in  a  cedar 
swamp  about  half  a  mile  from  Slavin's  house,  where  they  had  concealed  a  valise  and  bag 
and  these  were  brought  in,  but  not  yet  opened.  No  money,  we  believe,  was  found  on 
the  men.     All  three  were  lodged  in  the  Watch  House. 


CIRCUIT  COITRT.  .  i 

THE  BEAVER  LAKE  TRAGEDY. 

FULL  REPORT  OF  THE  WHOLE  PROCEEDINGS!! 
PATRICK  SLAVIN,  SENR.,  AND  HUGH  BREEN, 

PLEAD  GUILTY  ! 


till 

thi 


•Mi 
.III 


TRIAL  OF  PATRICK  SLAVIN,  JR. 

Arraignment  of  the  Prisoners — Breen  Pleads  Guilty. 
On  Tliursdiiy  afternoon  the  Grand  Jury  found  trno  bills  aji-ainst  IIiijLih  Rrecr   Patrick 
Shi\in.  iSr.,  and  Patrick  Slavin,  Jr.,  charged  with  the  murder  of  Kobort  McKenzie  and  his 


aniilv 


On  Friday  morning  the  three  prisoners  were  brouglit  nito  court  and  arraigned.  It  was 
the  lirst  time  they  had  met  since  tliej'  were  committed  to  prison.  They  looked  less 
wretched  than  when  arrested,  as  they  were  clean  and  comfortably  clad  ;  but  Breen  looked 
(|uitc  prostrate.  Old  .Slavin  looked  much  more  hardened  ;  while  the  boy  seemed  reckless 
or  insensible  to  his  position  as  ever. 

The  indictment  having  been  read.  Breen  was  asked  whether  he  was  guilty  or  not.  and 
without  hesitation  answered  (if.TLTY.  lie  was  then  warned  by  tlie  Court  of  the  eifect 
of  such  a  plea,  viz.,  tliat  it  would  place  him  in  the  same  position  as  if  convicted  by  a  jury, 
and  he  wiis  then  told  he  mi^ht  withdraw  the  plea  of  guilty,  if  he  chose  ;  but  he  refused  to 
withdraw  it. 

Tlie  (piestion  being  put  to  old  Slavin,  lie  wriggled  for  sonio  time,  moving  his  body  up 
and  down.  His  re])!}'  was,  ••  I  could  not  say  that  I  am  clear  of  it."  It  was  explained  to 
him  that  this  was  not  suHicient,  the  law  required  a  plea  of  Guilty  or  Not  Guilty,  but  no 
other  answer  could  be  got  from  him.  and  therefore  a  plea  of  Not  (Juilty  was  recoi'ded. 
Ill'  was  asked  if  he  wished  to  have  Counsel  assigned  him.     lie  said  he  did  not  want  an}-. 

The  younger  Slavin  pleaded  Not  Guilt}'.  The  Court  assigned  hiui  Mr.  D.  S.  Kerr,  as 
Counsel. 

Mr.  Kerr  made  some  objection.  He  said  an  unpleasant  rumor  had  gone  abroad  that 
he  had  Ixeu  employed  by  the  prisoners,  and  he  was  afraid  if  he  now  appeared  as  their 
Counsel  it  would  give  color  to  the  report. 

'I'he  Court  thought  this  was  not  suHicient  reason  why  Mr.  Kerr  should  decline.  Mr. 
AVctiuore  was  assigned  as  Counsel  to  assist  Mr.  Kerr  in  defending  the  younger  Slavin. 

AViun  the  plea  of  Not  CJuilty  was  entered  for  the  Slavins.  IJreen  was  again  asked  if  he 
(lid  not  wish  to  withdraw  his  plea,  and  plead  not  guilty  ;  but  he  still  persisted  in  plead- 
ing guilty. 

On  motion  of  the  Attorney  General,  Tuesday  next  was  appointed  for  the  trial  of  the 
two  Slavin-;. 

On  Wednesday  evening  ^fr.  Seoullar  and  a  party  of  men  went  to  the  place  where  Breen 
and  the  Sl.ivins  encamped,  and  institiiteil  a  close  search  of  all  the  ground  surrounding  the 
eii(':impment.  The  search  was  conlinued  until  {''riday.  IJreen  told  where  the  watch  and 
other  pr.)[H'rty  were  concealed.      We  believe  the  searcli  was  partially  successful. 

Patrick  Slavin,  Sr.,  Arraigned  and  Pleads  Guilty. 

At  one  o'clock  on  Monday  the  Attorney  General  moved  that  Patrick  Slavin.  Sr.,  bo 
anai'zned  on  two  indictments,  foimd  .against  him  by  the  (irand  d-  ry — one  for  the  murder 
of  Mrs.  McKenzie.  the  otlier  lor  tiie  iiuirder  of  a  male  child,  (name  unknown)  oll'spring 
uf  Koliert  and  Kilie  McKenzie. 

Uy  direction  of  his  Honor.  Judge  Parker,  the  old  man  was  then  brought  in  and  placed 
in  the  dock.  He  wore  a  mi;st  extraordinary  expre-ision  of  countenance,  as  if  gazing  in- 
tently on  vacancy  until  his  eyes  apjieared  glazed.  'I\t  the  spectators  he  seemed  dogged 
and  obstinate,  and  it  was  with  feelings  of  the  uttuost  amazement  they  heard  him  plead 
guilty. 

The  clerk  read  the  lirst  indictment  in  a  loud  voice.  It  set  forth  that  on  the  night  of 
October  2Uh.  the  prisoner  had  killed  one  Kffle  McKenzie,  or  Heed,  or  Mrs.  McKer.zio, 
by  striking  lii-r  with  an  axe  a  blow  between  the  shoulders,  and  several  other  blows,  quo 
ol  which  proved  fatal,  &.C. 


tol 


ail 

til 

<; 


I 

9 


THE  MISPECK  TRAGEDY. 


IBY. 

BREEN, 


reor   Patrick 
tiiizio  aud  his 

■nf<l.  It  was 
looked  Jess 
•jroen  looked 
med  reckless 

'  or  not,  and 
^f  the  effect 
-d  hy  a  jiirv, 
le  refused  to 

lis  l)ody  lip 
xplaiiied  to 
'Ity,  but  no 
s  reconied. 
>t  Want  an}-. 
^'.  Kerr,  as 

broiid  that 
.''I  as  tlieir 

^I'lio.     Mr. 
•"  Slavin. 
•sked  if  ho 
1  in  j.lead- 

ial  of  the 

icre  IJreen 
iidin;r  the 
'Viitch  and 


11,  Sr.,  ho 
L'  murder 
oH'spriny 


i<i  placed 

izinj^  in- 

doirj;ed 

in  plead 

li^lit  of 
'Ivenzio, 

W8,  QUO 


Wiien  asked  n  he  were  guilty  or  not,  the  prisoner's  countenance  flushed,  and  he  hesi- 
tated for  a  moment ;  then  clearing  his  throat  he  answered  with  a  strong,  clear  voice,  and 
apparently  with  little  effort,  G  IJ  t  L  T  Y  I 

A  thrill  ran  through  those  present,  and  for  some  time  the  silence  was  unbroken.  Then 
the  .Judge  askeil  the  prisoner  if  he  understood  what  had  been  said  to  him. 

Il(^  said  ho  did,  and  that  he  was  GUII'TY. 

Tlic  -[udge  again  asked  him  if  he  umlerstood  tlie  nature  and  consequence  of  this  i)lea, 
■and  that  it  placed  him  in  the  same  position  as  if  he  had  been  tried  and  found  guilty  by  a 
Jury. 

n'lie  prisoner  said  he  did  ;  he  was  Guilty. 

Tlie  -Judge  then  asked  him  if  he  should  direct  the  plea  of  Guilty  to  be  recorded. 

The  prisoner,  evidently  not  understanding  this,  was  silent. 

The  Judg"  again  asked  him  if  he  should  (liroct  the  plea  of  Guilty  to  be  entered. 

'file  prisoner  said.  "  I  am  GUILTY,  that  is  all  I  have  to  say  about  it,  and  I'm  satisfied 
to  die  for  it.     I'm  reconciled." 

The  plea  of  Guilty  was  then  recorded. 

'i'iie  indictment  charging  him  with  the  murder  of  the  male  cliiid.  olfspring  of  Robert 
and  I'lflie  McKeuzie.  was  then  read,  and  when  he  was  called  on  to  plead  to  this  wo 
thonnlit.  we  saw  him  tremble  a  little  ;  but  he  again  answered  in  a  loud  firm  voice — '•  I'M 
(rl'lLTY,"  and  he  added — ''  this  was  the  only  one  I  done  by  myself." 

lie  was  then  removed  in  the  custody  of  the  constaoles.  and  walked  out  with  a  firm  step. 

Every  one  present  seemed  horror  struck  at  this  confession  of  crimes  so  awful. 

MORK    OF    THE    STOI.r.N    IMtOI'I'UTY    UECOVI'.RKI). 

On  Tiiursday  .Mr.  .Scoullar  and  his  party,  after  a  strict  search  in  tlie  neighborhood  of 
th(>  place  where  the  prisoners  were  arrested,  found  a  trowsers  supposed  to  iielong  to  Mc- 
Keuzie. and  tied  up  in  it  several  articles  of  clothing.  On  Friday  niorniiig  before  <hiy  they 
reiii'wed  the  search  liy  torchlight,  and  at  length  found  a  parcel  tied  up  in  an  apron.  It 
was  concealed  under  moss,  fallen  leaves,  etc.,  near  one  of  three  dead  birch  trees,  about 
thirty  feet  from  the  camp.  In  this  they  found  a  sock,  and  in  the  sock  a  mitten,  and  in 
this,  rolled  up  in  a  silk  handkerchief  tlie  gold  watch  that  has  lieen  spoken  of  and  the 
pur-e.  In  the  purse  were  twenty-eight  sovereigns  and  four  half  sovereigns.  This,  with 
the  money  found  near  Slavin's  and  the  three  sovereigns  found  on  Breen,  makes  in  all 
eiirhty-niiie  and  a  half  sovereigns.     The  prisoners  state  that  they  got  no  paper  money. 

(hi  Saturday  a  hat.  supposed  to  be  Mcl\euzie"s. was  found  tied  to  a  tree  some  distance 
from  Slavin's  house.  The  watch  was  said  to  be  the  pi'operty  of  a  Mr.  Ross,  formerly  an 
engineer  on  one  of  the  river  steamers.  lit;  was  sent  for,  and  fully  identified  it  as  his, 
which  he  had  given  to  McKenzie  to  keep,  or  as  a  pledge. 

Trial  of  Patrick  Slavin,  Jr.— Intense  Excitemei-t ! 

On  Tuesd.ay,  long  before;  ten  o'clock,  a  large  crowd  had  gathered  near  the  Court  House 
waiting  anxiously-  for  the  opening  of  the  doors,  and  meantime  iletailiug  and  discussing  all 
the  reports  concerning  the  massacre,  the  ciiuduet  of  the  prisoners,  iVc.  that  were  alloat. 

When  the  doors  were  opened,  a  tremendous  ru?-h  was  made  and  a  great  portion  of  the 
out^ii'e  stairs  gave  way.  Tlie  court  room  was  soon  filled  to  its  utmost  eapacit},  and  then 
hundreds  after  vainly  squeezing  and  struggling  for  admittance,  had  to  go  away.  All  the 
ai)proachos  and  passages  were  tilled,  and  a  great  number  of  persons  remained  outside  the 
building  for  hours,  'fhe  morbid  desire  to  see  the  criminal  promptrd  hundreds  to  climb 
tin;  I'eiices  and  other  places  wherever  a  peep  at  him  as  he  p.issed  by  the  back  passage 
from  the  Court  to  the  gao!  could  be  obtained. 

>Vhe'iby  great  exertions  on  the  part  of  the  odicers  of  the  Cnurt  order  was  partially 
restored,  the  .Jury  i'aiicl  was  called  over.  The  attendance  was  even  larger  than  during 
the  [irevious  sitting  of  the  Court.  The  counsel  for  the  defence  put  to  some  the  question 
wlu'llier  they  had  formed  any  opinion  in  this  ca.se,  and,  as  may  be  expected,  the  answer 
generally  was  that  they  had  ;  but  what  is  stranger  still,  some  saiil  they  had  not.  Others 
said  thiy  had  formed  no  (q)inion  of  the  guilt  of  the  boy;  others  that  they  had  formed 
no  (qtinioii  that  would  prevent  their  doing  their  duty  as  jurymen,  'fhe  Crown  counsel 
maiiitaiiieil  that  the  mere  formation  of  an  opinion  should  not  disqualify  a  juror,  and 
ai'gued  that  if  such  objection  were  admitted  it  woiilil  be  impossible  to  get  a  jury  in  su<  h 
a  case.  The  objection,  however,  was  held  to  be  valid.  The  same  course  was  jiursiied 
when  taUsii.en  were  called,  and  several  of  those  stated  for  themselves  th;it  they  had 
formed  very  decided  opinions  in  the  case.  ^laiiy  of  the  regular  paiud  and  talesmen  were 
peremptorily  challenged.     At  length,  after  about  an  hour's  delay,  a  jury  was  empanelled. 

Till  Solicitor  General  then  o[iened  the  case,  lie  said  they  all  knew  that  a  frightful 
trageily  had  occurred,  and  all  its  details  were  generally  discussed,  creating  universally 
feelings  of  horror  and  alarm.  Rut  he  was  satisfied  that  having  now  taken  tho  oath  to 
find  a  verdict  according  to  the  evidence,  they  would,  as  far  as  possible,  divest  tlieiuselves 


/ 


r  I 


10 


THE  MISPECK  TRAGEDY. 


!!r 


i 


of  all  such  feelings,  and  try  this  case  impartially  and  fairly.  That  was  what  justice  de- 
manded of  them,  what  t)ie  country  expected,  and  what  he  on  behalf  of  the  crown  asked 
of  them.  The  j)risoner  at  the  bar  was  now  placed  for  trial  alono,  because  the  others  had 
pleaded  guilty — his  father  on  another  indictment — and  it  was  not  necessary  that  they 
should  be  tried  on  this. 

Having  stated  the  nature  of  the  charge  against  the  prisoner,  the  learned  Solicitor 
stated  very  fully  and  clearly  what  evidence  they  were  jireparod  to  ofler,  to  show  how  the 
plot  had  been  concocted,  matured,  and  carried  into  elfect.  and  how  discover}'  followed, 
and  a  whole  train  of  cirumstances  demonstrated  the  guilt  of  the  murderers.  His  own 
declaration  would  bo  most  important  evidence  against  the  prisoner.  He  then  proceeded 
to  say  that  the  prisoner  was  as  guilty,  if  ho  went  with  others  to  commit  a  robbery,  and 
to  murder  should  it  prove  necessary — although  lie  may  not  actually  have  killed  any  one 
liimself,  as  those  who  perpetrated  the  nmrder.  It  may  be  said  that  they  had  the  life  of 
tlie  prisoner  in  their  luuuls,  but  they  had  also  the  safct}'  of  the  public — of  life  and  pro- 
2ierty  in  their  hands,  aiul  should  remember  that  if  such  deeds  could  be  committed  with 
impunity,  no  man  would  be  sale — the  law  would  be  no  protection.  He  trusted  therefore, 
they  would  try  the  pris(;uer  with  due  regard  to  law  and  the  evidence,  and  he  felt  satis- 
fied that  when  they  heard  the  evidence  he  would  be  justified  in  asking  a  verdict  at  their. 
hands. 

AVm.  Reed,  1  e'ng  duly  sworn,  said  he  resides  inCarleton.  and  knew  Robert  McKenzie, 
who  was  married  to  his  sister,  and  had  four  children.  He  lived  at  Mispeck,  in  the  Parish 
of  Simonds.  .Saw  ]McIvenzie  about  four  weeks  previous  to  the  murder,  at  his  own  place, 
about  ten  miles  from  the  city.  The  house  was  a  cottage,  about  fifty  feet  long  by  about 
twenty-five  wide,  with  a  hall  through  the  centre.  On  tiie  other  side  of  the  road,  about 
fifteen  rods  ofl'.  was  another  house,  occupieil  by  his  serv;.-iit  Juan.  Policy  was  the  last 
man  who  lived  with  him.  There  was  an  iron  safe  in  McKenzie's  house,  kept  in  his  bed- 
room ;  never  saw  it  open.  Does  not  know  much  of  his  circumstances.  Saw  money  with 
him  often.  Wiis  down  there  on  Monday  after  the  fire.  Roth  houses  were  completely 
ooiisumed.  In  the  little  house,  wus  found  the  lemains  of  McKenzie,  as  was  supposed  ; 
his  body  from  the  slioulders  to  the  thighs — the  head  was  gone,  the  legs  were  gone,  and 
the  arms  were  oil".  The  trunk  was  completely  cooked  up  ;  it  was  blackened  so  that  you 
could  hardly  tell  what  it  was;  could  identify  it  as  a  male,  but  there  were  no  means  of 
identifying  it  as  McKenzie's  body  ;  it  lay  about  the  southwett  corner  of  the  lioujo. 
••unoug  the  ruins.  In  the  ruins  of  the  other  house  were  found  a  small  part  of  the  breast 
and  heart  of  whatsetiued  to  be  a  woman  (head  and  limbs  were  all  gone)  ;  the  body  of  a 
child  was  there  ;  legs,  head,  and  arms  were  all  gone.  The  oldest  child  was  live  years  old 
oil  the  third  of  last  September.  'I'he  youngest  child  was  walking  about  when  he  last 
saw  it.  Tiiere  was  some  llesh  on  the  child's  body.  When  witness  went  out  the  remains 
had  been  found  and  placed  in  the  iron  chest,  which  was  open,  and  had  the  key  in  the  lock. 
It  was  about  two  o'clock.  Several  of  the  neighliors  were  there.  Tliinks  McKenzie's  was 
a  mile  from  the  nearest  house,  which  is  Robinson's,  on  this  side.  Peter  O'ilare's  Wiis 
over  a  mile  at  the  other  side. 

Knew  Mrs.  McKenzie  to  have  liad  a  steel  bead  purse.  Thinks  he  saw  the  purse  pro- 
duced before  in  -Mrs.  Mc^Keiizie's  possession.  (To  t!ie  .ludge.)  It  is  upwards  of  seven 
years  since  he  first  saw  it ;  did  not  see  it  since  he  left  Mispeck  house.  This  looks  wry 
like  the  one  she  had. 

(Carpet  Rag  produced)  — \t!ver  saw  this  before  to  his  knowledge.  Was  in  the  iioii>;('  three 
ar  four  timed  fur  thj  hut  \\<\iv  yoars.  .McKeiizio  had  u  watcii  ;  did  not  sei;  the  watch  since  he 
iuft  him. 

Cross-examined  by  Mr.  Wetmore.— Could  not  tell  what  the  color  of  the  silk  of  .Mrs.  Mc- 
Kenzie's piiise  was. 

George  liCet,  being  sworn,  said — 1  live  at  West  Reach.  I  worked  lor  Mr.  R.  McKenzie 
for  some  time  pri'vioius  to  tiie  Saturday  before  the  murder,  which  was  the  last  liay.  Was  liure 
off  and  oil.  1  lell  oil  tlio  .Saturday  evening  about  six  o'clock.  It  was  about  dusk  ;  saw  Mc- 
Kenzie a  short  time  before  1  left  ;  we  had  worked  together  all  the  alternoon  gathering  up  oats. 
.Saw  him  last  down  by  the  lowir  Itani,  which  is  aiioiit  one  hundred  and  lilty  yards  h-om  the 
lower  lariii-h(Hise.  From  McKenzie's  duelling  house  to  the  iuun  wus  uijout  ninety  yards.— 
Kxcept  .McKenzie's  two  little  boys,  no  one  was  with  him.'  Do  not  remember  having  .seen 
Mrs.  .McKenzie  on  that  day.  The  youngest  child  .seemed  to  lie  about  a  year  old.  Was  nut 
in  the  baliit  of  going  iniieli  into  .MeKenzie's  house  ;  took  my  victuals  and  slept  in  the  small 
house.  Had  no  conmumicutioii  with  the  big  house.  .My  father's  house  is  said  to  lu;  five  miles 
from  .McKenzie's.  There  was  lire  in  the  small  house  ul  dinner  time,  but  none  that  1  know  of 
when  I  left.  Called  at  C>'Ilure"s  on  my  way  home,  tiot  home  u  few  minutea  after  (ight 
o'clock.  First  heard  of  the  fire  on  Sunday  evening  about  seven  o'clock.  Was  sent  lor  on 
Sunday  uight  by  Stjuire  Hawks  to  come  into  town  on  Monday  morning  ;  came  that  night  ud 


I 
1 


THE  MISPECK  TRAGEDY. 


11 


"liat  justice  (le- 
the  crown  asked 
■e  the  others  had 
ssary  that   they 

earned  Solicitor 
o  show  how  the 
ivery   followed, 
''<-'i'.s.     J I  is  owii 
then  proceeded 
a  robbery,  and 
J^illed  any  one 
I'ad  the  life   of 
life  and  pro- 
>iiniiitted  with 
isted  tlierefore, 
'le  felt    satis- 
.'crdict  at  their. 

)ert  McKoiizie, 
;,_in  the  Parish 
lis  own  j)lace, 
long  by  about 
e   road,  about 
^■as   the    la.sl 
t   in  his  Led- 
P' money  with 
0    coni])letely 
IS  suppo.<ed  J 
■*-'  gone,    and 
•  so  that  you 
^o  means  of 
the    liou?o. 
'f  tlie  breast 
10  body  of  a 
vo  years  old 
'<■"    lie    last 
tlie  remains 
;  in  the  lock, 
'Ciizic's  was 
"are's    was 

p'ir>e  jiro- 

ol    Seven 

looks   vei'v 

ioiis(>  three 
-li  since  he 

•Mrs.  Mc- 

^'I'Keiizie 
^Vas  there 

^  iij)  outs, 
■i  h<iin  tiie 
•  }ai(js.~ 

Vilinr  s(vil 

^Vas  n(.t 
<In'  stiiali 
'iveriiiii.s 

know  of 
•T  ci^dit 
It  lor  on 
night  iw 


I 


far  as  O'lTare's,  and  next  morning  camo  down  to  the  ruins  with  a  son  of  O'llarc's.  Xo  persons 
were  then  at  the  ruins.  Went  to  llobiiison"s,  and  returned  to  the  ruins.  Saw  the  body,  sup- 
posed to  be  the  body  of  McKenzie,  in  the  ruins  of  the  lower  house.  (Witness  described  what 
lie  saw  of  the  remains.)  Saw  the  safe ;  tlie  key  was  in  it  ;  the  lid  was  closed,  but  it  was  not 
locked.  I  saw  the  man  called  ^^'illiams,  or  McWiiJiams,  on  the  Monday  before  the  murder  on 
the  Pwidge  below  McKeiizie's.  Tlie  Bridge  is  near  the  lower  house.  I  have  seen  the  man 
Breen  in  "uol,  and  am  satisfied  he  is  tlie  same.  I  saw  him  there  again  on  Wednesday,  by  the 
lower  f;  iiousc.  It  was  the  afternoon,  and  a  man.  I  believe  to  be  Slavin,  was  with  iiiui,and 
to  the  i  of  my  opinion  the  prisoner  at  the  bar  was  the  boy  wlio  was  with  him  at  the  same 
time.  Licen  and  Slavin  were  with  McKenzie  in  the  small  ho\ise,  and  the  boy  came  in.  Old 
Slavin  wanted  work.  1  was  at  my  tea.  The  old  man  and  Williams  were  by  the  lire.  I  had 
u  suspicion  of  the  boy. 

01)jcclion  taken  to  his  stating  what  he  suspected,  or  what  was  done  when  the  boy  was  not 
jircseut. 

The  boy  went  up  the  road  and  came  down  again.  I  was  looking  for  !Mr.  Peacock,  who 
lives  al)out  two  miles  beyond,  and  he  did  not  seem  to  know  him  ;  afterwards  he  sirmed  to 
know  him.  Then  he  went  on  towards  town,  and  about  an  hour  alter  returned,  and  came  into 
the  small  house  without  rapping,  and  set  by  the  fire,  with  his  head  down.  Jle  said  nothing, 
and  did  nothing.  IJreen  and  the  old  man  were  there.  1  was  taking  my  tea.  We  were  talk- 
ing together.  i)o  not  remember  that  there  was  any  conversation  with  the  i)oy.  Jle  and  the 
other  man  did  not  seem  to  know  each  other.     After  the  boy  went  out,  the  old  man  said  

OI)jeetion  taken  to  this  evidence — not  admitted  at  present. 

McKenzie  came  in.  Old  Slavin  and  Breen  were  there  ;  cannot  say  if  the  boy  was  there. — 
They  remained  until  it  was  dark  enough  to  have  candles. 

Ol)jection  taken  to  evidence  of  what  Breeu  told  witness. 

On  Thursday  i5reen  came  out  again  in  the  afternoon,  and  sawed  some  wood,  lie  slept  with 
me  on  'i'luirsday  night,  and  remained  until  about  nine  o'clock  on  Friday  morning.  He  went 
down  to  McKenzie's  barn  in  the  morning  ;  did  not  see  what  he  did  there.  J  do  not  know 
will  re  he  was  on  Friday  night.  Never  saw  him  since  until  yesterday  evening,  when  I  saw  a 
man  I  lielievc  to  be  him  in  gaol. 

When  1  went  from  McKenzie's  on  Saturday  evening,  I  left  the  key  of  the  small  house  under 
the  southwest  corner  ;  I  did  so  by  direction  of  Breen. 

When  the  parties  left  on  Wednesday  evening,  the  boy  left  first,  and  the  two  meir  went  away 
togetlier  afterwards.  I  saw  the  old  Slavin  on  Thursday  evening  out  tiiere  ;  he  helped  .Mc- 
Kenzie with  some  oats ;  did  not  see  the  boy  there  on  that  day  or  afterwards.  On  the  AVed- 
nesday  I  asked  the  lioy  several  questions,  and  he  said  he  was  hioking  for  work,  and  that  he 
would  stop  tliat  night  probably  at  liobinsons.  Breeii  said  to  the  boy  that  was  no  time  of 
night  to  .-[leak  of  what  lie  wanted  ;  if  he  had  told  him  before  he  would  have  spoken  to  Mc- 
Kenzie to  give  him  work.  1  am  not  certain  whether  it  was  Breeii  or  Slavin  who  said  this  to 
the  Itoy.     ()u  that  night  took  precautions 

(Wa-:  not  permitted  to  state  what  he  did.) 

1  got  no  money  from  .McKenzie  but  .'}('. 

(Several  articles  were  showu  to  the  witness — a  frock,  a  hat,  a  carpet  bag,  >.te.,  none  of  which 
ho  could  identity.     A  cap  shown  was,  he  said,  like  one  .McKenzie  wore. 

("ross-e.\amiiied  l»y  Mr.  Kerr. — 'I'o  the  best  ol  my  opinion,  the  prisoner.  Breen,  is  the  same 
us  the  mail  Williams,  or  MeWilliams,  but  could  not  swear  positively.  Sasv  old  Sla\in  on  the 
Wednesday  and  Thursday  ;  did  not  know  his  name.  Cannot  sw(  ar  fur  certain  that  tin;  pris- 
oner is  the  same  man,  but  to  the  best  of  my  (»piiiion  he  is.  Will  not  swear  positivt  ly  that  the 
boy  is  the  same  1  saw,  but  1  l>eliLve  he  is  ;  to  the  best  of  my  tipinioii  he  is  ;  .saw  him  first  on 
Wednesday  gi'ing  along  the  road  liiyond  .McKenzie's.  J  was  at  a  di>tanee  ;  afterwards  the 
same  person,  I  believe,  returned,  and  1  weut  out  on  lliu  road  and  spoke  to  him.  That  evening 
tiie  lioy  caiiit!  info  the  lower  house;  the  men  had  Ijeeii  in  lielore ;  thought  the  l)oy  was  a 
down-looking  bey  ;  cannot  say  what  particular  clothes  the  boy  wore,  'i'lie  boy  did  not  remain 
uliove  half  at)  hour.  He  went  out  of  the  house  then,  uud  I  did  not  bee  him  alter  until  yester- 
day evening. 

(Witness  described  the  situation  of  the  houses  and  barns.  One  of  the  barns  was  almost  on 
the  line  between  the  dwelling  house  and  farm  house.) 

To  the  Altoriuy  Cieiieral. — 1  lielieve  the  Ijoy  is  the  same  ;  I  spoke  to  him  on  that  \\'cdnc3- 
day.  1  am  not  positive  that  the  boy  is  the  .'jamo.  Cannot  say  that  the  nuiii  I  saw  in  gaol 
yesterday  (old  Slavin)  is  the  .same  I  saw  before,  but  believe  lie  is;  I  would  not  swear  for  cer- 
tain that  he  is. 

'I'lie  Attorney  (Jeiieral  usked,  if  from  what  jiassed  at  the  interview  with  old  Slavin  in  the 
gaol,  witness  was  satisfied  of  his  id<'iitity,  but  the  ((Uestion  would  not  be  admitted. 

John  Uobiusoii  sworn,  and  e.xamined  by  the  Solicitor  (.jleiieral — 1  live  tiltreii  milis  from  the 
city,  on  the  road  beyond  McKenzie's  ;  I  remember  well  the  night  of  the  burning.     I  left  Juh. 


12 


THE  MTSPECK  TRAGEDY. 


1^ 


f 

I.  i 


Robinson's  about  half  past  six.  and  passed  McKonzio's  ;  I  was  in  my  shirt  sleeves,  and  had  a 
new  axe  handle  in  my  hand.  Tiio  house  looked  very  fjloomy.  'J'liere  was  no  light  in  the  win- 
dows. It  is  eight  years  since  I  went  down  there  to  live,  and  I  knew  McKenzie  during  that 
time  ;  spoke  to  him  seldom,  and  was  very  rarely  in  his  house.  Heard  of  the  murder  first  on 
Sunday  evening  ;  went  to  the  place  on  Monday  morning ;  saw  the  ruins  and  the  remains  of 
the  bodies,  (these  he  described.)  I  opened  the  sale  with  some  others,  and  put  in  it  what  we 
considered  the  remains  of  Mrs.  McKenzie,  and  one  of  the  children.  When  we  openi'dtlie  .«afe 
there  was  nothing  in  it.  Last  saw  McKenzie  hanging  a  barn  door,  with  Brown,  of  Lower 
Mispeck.  It  was  eight  or  nine  days  before  the  burning.  The  trunk  of  the  man  found  I 
thought  corresponded  in  size  with  that  of  McKenzie's  body. 

To  Mr.  Kerr. — Could  not  swear  the  trunk  was  that  ol  McKenzie.  Passed  McKenzie's  on 
the  Saturday  night  about  seven  o'clock.  It  is  as  much  as  live  years  since  I  was  in  the  house 
McKenzie  lived  in.  Was  often  in  what  is  called  the  farm  house  ;  it  was  a  house  of  entertain- 
ment. Polly,  his  wife,  and  children  lived  in  it.  When  I  passed,  nothing  struck  me  as  singu- 
lar, only  that  there  were  no  lights.  It  did  not  strike  me  as  extraordinary  at  the  time.  1  met 
nobody. 

John  Leet,  examined  by  the  Solicitor  (Jcneral — I  have  lived  at  West  Beach  about  seven- 
teen years,  and  have  known  Mr.  McKenzie  since  he  went  out  there  seven  or  eight  years  ago, 
George  Leet,  my  son,  worked  for  MrK(  nzie  ;  he  came  home  on  the  night  of  the  burning  about 
eight  o'clock.  He  got  his  supper  and  went  to  bod  ;  I  saw  him  next  morning;  heard  of  the 
fire  on  Sunday  night ;  went  to  McKenzie's  on  Monday  morning,  and  found  seven  or  eight  of 
the  neighltors  there ;  exaniined  a  little  brown  and  white  dog  1  had  known  as  McKenzie's,  and 
found  blood  on  his  side,  but  there  was  no  wound  ;  all  the  neighbors  were  satisfud  it  was  blood 
— a  small  spot  on  the  right  hip  ;  saw  the  remains  (describtd  them.)  On  Tuesday  was  at  Mc- 
Kenzie's again  ;  found  near  the  trunk  of  iMcKenzie  three  buttons  and  part  of  a  brace,  and 
what  they  thought  was  the  brains,  rolled  up  about  the  size  of  a  pullet's  egg,  and  all  burned  ; 
the  buttons  were  a  sort  of  metal  buttons ;  had  seen  about  a  fortnight  before  a  brown  coat  on 
McKenzie  with  such  buttons  as  those  ;  can  not  tell  what  the  impression  on  the  buttons  was  ; 
observed  the  buttons  when  moving  the  trunk  into  a  box  prepared  for  it. 

In  .«pring  I  got  some  oats  from  McKenzie,  and  in  paying  liitn  and  getting  change  I  siiw  a 
large  roll  of  notes  with  him  ;  he  had  it  in  his  pocket ;  1  often  saw  McKenzie  as  1  was  passing, 
and  would  speak  to  him  ;  when  he  wes  at  work  he  generally  was  in  his  shirt  sleeves,  and  wore 
a  cloth  cap  ;  can  not  identify  any  of  the  clothes  he  wore. 

Cross-examined  by  Mr.  Wetmore. — The  body  liad  been  removed  about  two  fiet  beforf  1  saw 
the  buttons  ;  1  could  see  when;  the  body  had  Iain  ;  the  Itutlons  were  where  the  shoulders  had 
been  ;  I  recollect  distinctly  that  the  butt^'us  on  Mr.  McKenzie's  coat  were  not  plain,  and  were 
not  covered  with  cloth  ;  I  saw  it  a  fortnight  before,  and  remarked  it  as  a  new  coat ;  would  not 
swear  that  the  stain  on  the  dog  was  blood. 

Win.  Hawks,  Kstp.  J.  P.,  examined  by  Solicitor  General. — I  live  at  Black  Iliver,  and  knew 
McKenzie,  and  saw  him  in  the  course  ol  that  week  binding  oats.  Heard  of  the  burning  on 
Sunday  afternoon,  between  three  and  four  o'clock,  and  went  at  once  to  the  burning.  .My  rr^i- 
denee  is  six  miles  from  McKenzie's.  At  the  barn  that  was  unconsumed,  we  took  ashoveland 
fork.  Robinson  pointed  out  as  nearly  as  he  could  where  tlie  bed-room  was,  as  I  thought  they 
might  have  been  burned  in  their  beds.  W'v  loinid  nothing.  A  man  named  Pt-aeoek  was 
searching  about,  and  remarked  that  there  was  something  unpleasant  about  the  fireplace — the 
chinniies  had  fallen.  After  removing  the  lu-ieks  and  rubbish,  we  found  what  we  thiuighl  the 
remains  of  Mrs.  McKenzie,  and  thm  from  the  ap])earanee  of  the  body,  and  its  position.  I  con- 
cluded tluit  murdi'r  had  been  connnitted.  AfleT  a  fiutlur  search  we  lound  the  remains  of  a 
cliild.  Of  .Mrs.  .McKenzie  there  was  a  portion  of  the  back  bone,  and  some  ribs  and  the  heart 
were  visible. 

The  safe  was  at  this  time  outside  the  l)uilding,  and  opi-n.  In  it  were  what  seemed  the  re- 
mains of  a  Itook  and  a  bundle  ot  papers.  We  gathered  the  remains  and  [)Ut  them  in  the  safe. 
No  one  but  Robiiis(Hi  and  O'Harc,  who  had  gone  lor  nic  were  there  at  first.  .Mr.  Power  and 
others  arrive'd  soon  alter.  While  still  si'are-hing  at  the  upper  house,  the  lad  Peacock,  who  was 
also  searehirig  about,  came  up  and  told  us  there  was  a  'oody  down  at  the  little  house.  'I'his 
had  a  cellar  with  a  stone  wall.  Saw  the  body  tiiere,  and  could  identity  it  as  that  of  a  man. 
Concluded  that  it  was  .McKenzie's.  It  was  then  pretty  well  on  in  the  alternoon.  We  con- 
sulted together,  and  my  oliject  was  then  to  find  out  how,  what  I  believed  to  lie  a  nuirdcr,  uas 
committed.  I  heard  then  that  the  young  man  l/'ct  had  worked  there,  and  I  at  one.-  resolved 
to  send  for  him,  and  direct  him  to  come  up,  join  Robinson  at  his  house,  and  be  in  with  him  in 
the  morning  in  the  cily  nt  five  o'chiek,  to  give  inhu'mation  to  the  .Mayor.  On  .Monday  1  eamo 
into  town  past  McKenzie's,  and  us  I  passul  Ol  hire's  he  ran  out  to  tell  me  Leet  was  there. 
Leet  told  me  he  was  afraid  to  pass  the  place  during  the  niglit,  and  that  this  was  the  reason  he 
was  iu)t  in  town  at  the  time  appointed.     Came  into  town,  and  did  not  go  out  until  Tuesilay. 

Jaru;  Robinson,  examined  by  Solicitor  General — i  am  wile  of  ilames  Robinson,  and  live  u 
mile  at  this  side  of  .McKenzie's.     Knew  .Mr.  and  .Mrs.  .McKenzie;  tlu'y  had  four  children  ;  the 


i 


THE  MISPECK  TRAGEDY. 


13 


Jeeves,  and  had  a 
>  I'glit  in  the  win- 
enzio  during  tliat 
murder  first  on 
'1(1  the  remains  of 
>iit  in  it  what  we 
e  opened  tlie  .v-nfb 
^rown,  or  Lower 
he  man  found  1 

J  McKenzio's  on 
vas  in  (lie  lionse 
'iiseofentertain- 
iciv  me  as  sinj-u- 
the  time.     1  met 

'h  aljout  sevon- 
'>Iit  years  ago, 
e  burning  about 
heani  of  (he 
i-en  or  eight  of. 
•IcKenzie's,  and 
j<^d  it  was  blood 
lay  was  atMc- 
»f  a  braee,  and 
111  all  burned  ; 
brown  eoat  on 
buttons  was  ; 

iiang(,'  1  sjiw  u 

I  was  passing, 

eves,  and  wore 

et  before  I  saw 
sliouldei's  had 
ilain,  and  were 
at ;  would  not 

ver,  and  knew 
e  burning  on 
iij,'-  ."\I\M-.-.i. 
Iv  a  shovel  ;ind 
<boil;^ht  lUy 
I*ea('(/ek   was 

replaee~the 
"ii»uj;|it  the 
sition,  I  con- 
vmains  of  a 
"d  the  heart 

'lied  I  he  re- 
I  ill  the  safe. 
•  I'owerand 
ek,  who  Was 
"UHe.     Til  is 
t  of  a  man. 
^^'e  eon- 
iiiirder,  was 
e.'  n'solved 
ivilli  him  in 
'la.V  I  (amo 
>vas   there, 
e  reason  be 
I  'i  iiesdujr. 
ind  live  u 
l<livn ;  the 


I 

I 

I 
-it 


youngest  was  a  year  old  last  October;  lived  about  two  years  in  McKenzie's  farm  hou^je,  and 
moved  from  that  about  a  year  ago  to  where  I  now  live,  and  keep  a  public  house ;  I  saw  Mrs. 
Mclvenzie  about  five  weeks  before  the  murder  ;  I  saw  her  in  her  own  wagon,  going  home  from 
town. 

Mrs.  A[oK(!nzle  had  a  purse  very  thickly  wrought  with  steel  beads  ;  do  not  know  what  color 
it  was ;  the  purse  produced  is  very  like  it ;  it  had  a  fringe  on  one  side,  and  a  thick  tassel  on 
the  other  ;  the  tassel  seems  to  have  been  lost ;  Mrs.  McKenzie  once  shoived  it  to  me  ;  1  saw  a 
wateh  hung  in  ^^r.  Melvenzie's  bed-room  ;  it  seemed  to  be  gold;  was  in  the  bedroom  olten. 
and  saw  the  watch  ;  the  watch  produced  is  not  the  watch. 

I  saw  the  n)an  we  suppose  to  be  '.Villiams  or  Breen  pass  our  house  on  Tuesday  ;  I  never 
spoke  to  him  ;  I  know  old  Slavin ;  I  have  known  him  as  good  as  six  years  ;  I  saw  him  on 
Tuesday  pass  with  this  big  stout  man  we  supposed  was  hiring  with  McKenzie  ;  tliis  was  the 
only  time  I  saw  him  pass  ;  I  saw  the  boy,  the  prisoner  at  the  bar,  with  the  woman  they  call 
Mrs.  Slavin  ;  they  came  to  my  house  the  Sunday  after  I  saw  old  Slavin  and  Williams  pass ; 
she  said  she  had  been  to  Mrs.  Policy's  to  buy  some  things,  and  she  had  a  little  churn  she  had 
bou'^dit.  I  asked  her  if  her  husband  had  Ijcen  uj)  that  way  ;  she  said  he  had  never  been  up 
that  way  ;  I  said  I  had  seen  him,  and  she  said  he  had  not  been  up  that  way. 

Mrs.  McKenzie  generally  wore  cotton  wrappers  ;  she  had  a  gown  of  the  same  pattern,  made 
in  the  same  way  as  the  one  produced,  and  this  looks  very  like  lier's.  Mrs.  Mclvenzie  was  a 
tail,  stout  woman,  and  this  was  made  for  a  tall  woman. 

Mr.  McKenzie  generally  wore  about  the  house  a  hunting-coat  and  cloth  cap  ;  never  saw  him 
wear  such  a  cap  as  the  one  produced.  Never  saw  hhn  wear  any  clothes  resembling  the  several 
articles  produced. 

The  children  were  three  boys  and  one  girl.  'I'he  girl  was  the  oldest — about  Gve  years.  The 
youngest  is  a  year  last  Octol)er. 

To  Mr.  Wetmore. — Can  not  say  when  I  saw  the  purse  ;  it  is  not  two  years  I  think.  I  have 
seen  many  purses  wrought  in  the  same  way,  but  remarked  this  for  the  largeness  of  it.  it  was 
bett(  r  than  a  fortnight  before  the  burning  that  I  saw  old  Slavin  and  the  other  man  pass. 

I'eter  OTIare  examined  by  the  Solicitor  General. — Lives  about  a  mile  beyond  MeJvenzie's. 
Knew  of  the  fire  on  Sunday  ;  went  down  about  eleven  o'clock  in  the  morning  to  speak  to  Mc- 
Kenzie about  a  job  of  work,  and  saw  the  houses  burned  to  the  ground.  Was  within  hall  a 
mile  of  the  place  ;  went  back  and  told  his  wife,  and  she  said  it  was  better  for  him  to  take  some 
one  down  to  see  what  had  happened.  She  would  not  allow  him  to  go  farther  on  to  IVaeock's, 
but  told  him  to  hurry  back  and  try  to  be  of  some  assistance  to  !Mjlvenzie  and  his  family,  lie 
returned  as  ([uiek  as  he  could  go,  and  could  no  where  sec  anything  of  McKenzie  or  his  family  ; 
tried  the  barn  and  found  some  cattle  there  ;  went  on  to  Robinson's  and  told  them  what  had 
happened.  Robinson  and  he  went  back  and  made  another  examination.  'J'hey  saw  the  safe 
on  tlie  south-east  corner  of  the  cellar  wall,  'i'he  safe  was  unlocked — they  opened  it  and  saw 
in  it  the  ashes  of  what  seemed  a  bundle  of  bank  bills,  a  bundle  ol  papers,  and  a  poeket  book. 
Roltiiison  then  said  their  best  plan  was  to  go  lor  the  nearest  niiigistrate,  and  alter  another 
seareh  lor  the  bodies,  and  turnin.ix  up  s(mie  codfisli,  which  they  at  lirst  thought  was  part  of  a 
human  body,  they  went  for  S(]uire  Hawks,  who  returned  with  them.  They  then  made  a  search 
and  f(jund  the  two  bodies  in  the  dwelling  house  in  the  fire-place,  and  in  the  small  house  the 
body  as  they  suppi -ed  of  McKenzie.  'I'liey  moved  the  body  a  little  only  then  to  satisfy  them- 
selves what  it  was. 

Gn  Tuesday  they  made  another  search,  and  in  the  same  place  in  the  dwelling  house  lound 
the  body,  as  they  supposed,  of  another  child — the  l)ackbone  and  some  ribs,  and  the  jaw,  as 
they  supposed,  of  Mrs.  McKenzie  ;  could  not  identify  any  of  the  articles  produced. 

i  know  Slavin  ;  I  have  known  him  for  some  years;  1  met  Mrs.  Slavin  and  the  l)oy  in  the 
dock,  on  a  Sunday  before  the  murder.  She  told  us  she  was  coming  from  McKenzie's  farm- 
house ;  1  never  was  at  Slavin's  house. 

ilames  Robinson,  examined  by  the  Solicitor  General. — I  live  about  a  mile  at  this  side  ol 
MeKenzie's;  first  heard  of  the  burning  on  Sunday,  alidut  half  past  eleven  ;  heard  of  it  from 
Peter  O'lfare,  and  went  with  him  to  the  ])laee.  The  night  l)efore  was  rather  calm  ;  the  wind 
was  l)lowing  from  the  southward  ;  the  way  the  wind  was  that  night,  one  house  could  noteateh 
from  the  other  ;  fir>*t  looked  round  the  place,  and  into  the  several  barns,  in  search  of  the  fam- 
ily. The  stable  was  fastened,  and  it  was  evident  that  the  cattle  had  not  been  fed.  and  we  eou- 
cluiled  that  no  one  had  been  about ;  we  searched  a  little  amongst  the  ruins  with  a  fork  ;  the 
bedroom  was  in  the  southeast  corner  of  the  house  ;  the  safe  was  lying  under  where  the  bedroom 
was,  rattier  within  the  ruins;  we  lifted  the  safe  out;  the  key  was  in  it ;  the  door  was  not 
loeki'd,  'I'here  was  nothing  in  it  but  some  l)urned  papers  ;  they  were  in  cinders,  and  would 
cruml)ie  if  you  attempted  to  handle  them.  There  was  notliing  else  in  it  ;  did  not  make  nmch  of  a 
search  until  we  had  gone  for  Sipiire  Hawks. 

(Witnesa  descrilted  the  search,  the  discovery  of  the  remains,  \-c.) 

1  first  saw  lireeu — he  called  himself  Williams— on  Monday  before  the  murder  ;  this  boy  of 


J 


!■ 


■,i 


14 


THE  MISPECK  TRAGEDY. 


Slavin's  was  with  him  ;  tliey  came  along  the  road  until  they  came  in  view  of  some  carpenters 
working  in  a  shed  ;  they  then  stopped  on  their  foot,  and  ludked  into  the  shed,  and  then  the 
boy  turned  into  the  bushes  and  passed  round  my  housi' ;  the  other  man  walked  on,  and  spoke 
to  me  as  he  passed  ;  hud  not  seen  Breen  before,  but  knew  from  the  description  that  he  was  the 
man  who  was  hiring  with  McKenzie.  Often  saw  the  hoy  pass  that  way  ;  know  old  Shivin 
very  well  ;  did  not  sec  him  out  that  way  lately.  Slavin  used  to  work  in  a  brick-yard  in  summer. 

On  the  Thursday  following,  Breen  came  in  company  with  two  others  over  IJeavcr  I.akc 
Bridge  ;  there's  a  hollow  after  the  liridge  is  passed,  and  yon  lose  sight  of  any  one  coming  that 
way ;  Breen  came  on  alone  with  an  axe  on  his  slioulder  ;  the  others  were  not  seen  alter ;  1 
have  not  seen  Breen  from  that  day. 

(This  witness  could  not  identify  any  of  the  property.) 

To  Mr.  Kerr. — Slavin  lived  on  the  upper  Loch  Lomond  road  ;  the  road  forks  near  l)avi(l- 
son's  ;  there  is  no  road  from  Slavin's  to  McKenzie's,  except  round  by  the  fork  ;  l)ut  there  is 
a  foot  path  ;  the  intervening  lands  are  generally  barren  ;  cannot  say  if  it  is  passal)!e  in  sum- 
mer; by  the  road  round  the  distance  from  Mcl\er)zie's  to  Sluvin's  is  about  nine  miles.  Saw 
Slavin  working  in  a  l)rick-yard  ;  cannot  tell  how  his  cliiidren  were  employed.  Saw  Shivin 
frequently  out  on  McKenzte's  road,  but  the  first  lime  I  saw  the  boy  out  that  way  was  on  the 
Sunday  fortnight  before  the  murder  ;  his  mother  and  he  came  into  my  house  for  a  pint  of  rum. 
When  I  saw  the  boy  with  Breen  the  Monday  before  the  iin<,  they  locked  into  my  shed  wh<re 
a  man  was  working.  1,  after  Breen  jjassful,  went  back  of  the  hou^e  to  .see  where  the  boy  hud 
gone,  and  I  could  not  see  him  ;  I  don't  know  whpre  the  boy  went ;  I  know  of  no  road  or  path 
from  tlie  ])laee  where  lie  went  into  Slavin's  :  that  is  not  the  crossing  place. 

To  the  Solicitor  (jleneral. — By  cro.ssiiig  tin;  coiuitry,  they  could  get  as  soon  to  Slavin's  as 
by  following  the  road  they  could  get  to  the  fork  of  the  road. 

AVm.  Bayard.  Esq..  examined  by  the  Solicitor  (ieneral. — T  am  the  Coroner  for  this 
County,  and  on  the  27th  of  October  wont  to  McKenzic's.  taking  ])ortion  of  a  jury  with 
me  ;  got  two  jurors  there  ;  viewed  the  premises.  Several  of  the  jury  paceil  the  ground, 
and  estimated  the  distance  b(.'tween  the  two  burned  houses  to  be  about  one  liundrecl 
yards.  Saw  portions  of  the  body,  whicli  all  had  been  remove<l  to  the  barn  to  the  rear  of 
the  dwelling  house  ;  in  a  wooden  box  was  the  trunk  evidently  of  a  man.  The  head  was 
gone  ;  both  arms  and  both  legs  ;  the  sockets  of  legs  and  arms  were  h.'ft  ;  the  remains 
were  evidently  those  of  a  small  man,  judging  from  the  vertebrae,  e^-c,  and  would  perfect- 
ly correspond  with  the  size  of  !MeKenzie.  Among  the  other  remains  were  the  bones  of  a 
full  grown  person,  larger  than  the  reinains  found  in  the  lower  house.  There  Avere  por- 
tions of  the  vertcbriV!,  ribs,  shoulders,  i**:c,  and  part  of  one  hip,  and  of  the  pelvis  unattached 
— not  enough  to  show  that  it  was  a  woman  ;  the  other  remains  were  of  a  child,  I  should 
say.  judging  from  the  size  of  portions  of  the  bones  left,  of  about  five  or  six  years  of  age  ; 
I  concludeii  from  the  appearance  of  the  genital  organs  that  the  back  of  the  man  hud  been 
broken.  Adjourned  the  inquest  to  town  ;  portions  of  the  body  of  a  smaller  child  have 
since  been  found. 

The  buttons  produced  are  the  same  that  were  handed  to  me  at  the  inquest  by  Leef. 

George  Knox  said — 1  live  on  the  Loch  Lomond  roud.  within  a  mile  of  Slavin's,  at  this 
side.  I  know  both  the  Slavins  ;  they  worked  sometimes  in  a  brick  yard  ;  I  remember 
the  night  McKenzie's  was  burned.  On  Friday  the  Slavins  came  to  my  place,  of  their  own 
good  will,  to  dig  potatoes  for  Jne  ;  I  was  unwell  ;  Breen  came  in  the  afternoon  and  said 
he  would  dig  for  me  ;  tliere  were  only  three  sjtades  ;  old  Slavin  and  Breen  came  on  Sat- 
urday morning  ;  the  boy  did  not  come  ;  they  had  their  breakfast,  and  then  dug  a  little 
ajid  went  away,  and  I  saw  them  no  more.  Johnny  Slavin  came  down  after  to  gaher 
some  potatoes  ;  his  father  said  he  would  send  him. 

On  Sunday  Breen  came  down  the  road,  and  come  into  our  house  ;  it  was  after  one 
o'clock,  lie  had  been  stopping  at  Slavin's  about  three  weeks,  and  sai<l  he  wanted  to  pay 
his  board  ;  he  asked  for  some  change,  and  pulled  out  two  half  sovereigns  ;  he  took  them 
out  of  a  i)urse  ;  he  went  out  to  take  them  out  of  the  purse,  and  then  brought  them  in  and 
lai  i  them  down,  and  got  his  chan,i,'e. 

On  Monday  I  had  lu'ard  that  Mclvenzie's  was  itnrncd  down  ;  about  one  o'clock  Breen 
came  down  from  Slavin's  to  my  house,  and  1  tohl  him  about  McKenzie's  lire.  My  son 
.fohn  was  with  them  digging  potatoes  on  Friday  and  Saturday  ;  be  was  not  present  ou 
Sunday  ;  he  was  in  on  Monday  when  Breen  came. 

To  Mr.  Wetmore. — I  do  not  think  Slavin  was  very  cross  with  the  boy;  the  boy  was 
pretty  nuich  his  own  master  ;  the  boy  often  worked  with  me,  and  I  always  gave  him  good 
adrice  ;■  he  did  not  seem  to  be  a  bad  boy  ;  he  did  not  seem  to  be  a  full  connnon-seitfc 
boy  ;  he  seemed  to  be  somewhat  simple.  I  have  known  the  boy  for  several  years  ;  he 
used  to  work  with  his  father  ;  he  is  not  a  bad  boy. 

To  Solicitor  General. — Was  only  once  in  Slavin's  hou.se  ;  did  not  know  much  of  the  family  ; 
had  not  much  to  do  with  them  ;  the  prisoner  hired  out,  and  was  with  me  u  month. 


boi 
he] 

siol 
nil] 

8tu| 

it 

noi 


oi 
do] 

piA 
th{ 
hal 
of 


-v^ 


■SSJ" 


THE  MISPECK  TRAGEDY. 


i& 


[  some  carpenters 
Hed,  and  then  the 
:ed  00,  and  spolce 
n  th.'it  lie  was  the 
know  old  Shivin 
'-jardiusummor. 
'^  J^oavcr  Lake 
one  cnmin<,'  that 


ot  seen  uCter 


I 


rks  near  DaviVJ- 
k  ;  l)iit  there  is 
'a'^sahle  in  s;ini- 
ie  miles.     Saw 
'•     .Saw  .Slaviri 
vaj  was  on  the 
a  pint  of  rum. 
my  shed  wii.re 
re  the  boy  had 

0  i-oad  or  path 

to  .Slavin's  as 

.'"'•'•  for  this 
^  J'TJ  with 

1  the  jrronnd, 
Jne  Jiiindred 
o  tiie  rear  of 
'I'O  iiead  was 

the  remains 
'"Id  jierfect- 
f  bones  of  a 
e  were  j)or- 

"iiattaclied 
'<!,  I  shoidd 
'ars  of  age  ; 
111  had  been 

child  iiuvo 

^y  r.eef. 
ill's,  at  this 
I'einember 
f  their  own 

II  and  .said 
'le  on  Sat- 
ing a  little 
to  ga'her 

after  one 
(-■d  to  pay 
oolc  tiienj 

III  in  and 

^k  JJrecn 

^ly  son 

L^sent  on 

bo3'  was 
I'm  good 
^n-scn^e 
ars ;  ho 

family  ; 


To  Mr.  Wetmore. — For  that  montl)  he  was  a  very  "  biddable"  boy,  and  seemed  to  be  a  good 
boy.  The  boy  got  his  own  wages  for  bis  clothes.  His  father  grumbled  after  about  the  hire ; 
he  got  two  pounds  for  the  month. 

David  Ramsay  examined  by  Solicitor  General. — I  live  at  the  foot  of  Jeffrey's  Hill ;  occa- 
sionally keep  a  boarding  house;  in  the  latter  end  of  April  Hugh  Bretn  boarded  with  me  for 
nine  or  ten  days  ;  on  the  night  Qf  Sunday,  2.5th  of  October,  about  eleven  o'clock,  he  came  te 
my  hou.se,  and  remained  there  until  six  o'clock  in  the  morning.  I  saw  a  purse  with  him  ;  a 
steel  purse  ;  it  seemed  to  be  a  steel  purse  ;  it  looked  longer  than  this  docs  as  knotted  ;  he  threw 
it  down  on  the  kitchen  table.  (When  opened,  he  said,  it  resembled  it  in  every  way.)  It  did 
not  make  any  sound,  but  it  seemed  to  have  a  roll  in  it  of  paper  or  cloth. 

Evidence  of  what  Breen  said  not  admitted  now. 

David  Hill  examined  by  Solicitor  General. — I  live  on  the  Loch  Lomond  road,  about  ten 
miks  out  ;  I  often  saw  the  Slavins ;  the  last  time  I  saw  the  prisoner  was  on  the  Sunday  even- 
ing after  McKenzie's  burning  ;  I  was  coming  down  by  Arthur's  house  and  prisoner  and  Ar- 
thur's son  were  coming  out  on  to  the-road  side  ;  it  was  perhaps  a  hundred  yards  on  this  side 
of  Slavin's  house  ;  Slavin  asked  me  where  I  was  going  ;  I  said  to  town  ;  he  said  he  would  be 
down  the  road  a  piece  with  me  ;  in  going  along  the  road  some  di.<tanee  from  that  he  pulled  a 
piece  of  money  out  of  his  pocket,  and  asked  me  how  much  it  was  ;  I  said  I  did  not  know,  bat 
that  it  looked  very  like  a  sovereign  ;  he  said  he  thought  it  was  a  five  dollar  piece  ;  he  said  he 
had  shown  it  to  a  person  to-day  who  told  him  it  was  silver  ;  1  said  they  were  only  making  fun 
of  him,  as  it  did  not  look  like  it ;  it  appeared  to  be  gold  ;  on  this  he  pulled  out  three  other 
pieces,  apparently  gold  ;  further  down  he  asked  me  if  I  heard  of  McKenzie's  house  being 
i)urneil ;  1  said  1  iiad  not,  and  asked  him  when  it  happened  ;  he  said  "  on  Saturday  night  Mc- 
Krnzie's  liBusc  was  burned  and  all  his  family."  lie  said  he  "  ros  •  on  Saturday  night  and 
looked  from  his  own  door  and  saw  a  great  light  over  towards  McKenzie's."  That  was  the 
first  I  hi.'ard  of  it ;  I  asked  him  no  questions  ;  he  told  me  he  and  his  father  had  got  paid  off  at 
the  railroad,  and  they  had  a  notion  of  buying  a  horse  and  driving  cordwood  to  town  this  winter. 
When  we  got  down  as  far  as  where  Mr.  Rogers  did  live— a  half  mile  or  less  from  Slavin's— I 
was  going  in  the  gate,  and  he  called  me  back.  Says  I,  "  Slavin,  what  do  you  want  V  Says 
he,  "  Here's  a  sovereign,  and  treat  yourself."  Says  I,  "  Keep  your  money.  If  i  want  a  drink, 
I  can  get  n.oney  myself."  He  offered  the  sovereign  several  times  ;  1  refused  to  take  it ;  be 
threw  it  on  the  ground  and  said  take  that. 

A  smaller  boy  than  he,  whom  1  suppose  to  be  his  brother,  came  down  at  this  time  and  told 
him  Ills  cousin  wanted  him,  and  he  went  with  him.  I  followed  him  and  said,  Slavin,  don't  say 
I  will  have  any  thing  to  do  with  your  money,  and  I  put  the  piece  of  gold  in  Johny's  hand.  I 
have  not  seen  much  of  the  prisoner.  I  never  saw  him  working  but  out-  day  at  a  stumping  frolic. 
I  do  not  know  much  of  Slavin.  I  thought  the  coin  was  gold.  Arthur  s  lioy  was  not  with  ue 
when  he  olfered  me  the  piece  of  money.  Prisoner  seemed  to  make  no  secret  of  having  the 
money.  I  could  not  say  whethef  he  appeared  ignorant  of  the  value  of  money.  I  never  knew 
any  thing  bail  of  him. 

'I'he  Court  adjourned  at  six  o'clock. 

During  the  day  the  prisoner  maintained  a  cool,  collected  appearance,  seeming  very  little  af- 
fected by  beinir  placed  in  such  a  position.     T'ho  Court  was  crowded  all  dav. 

WEDNESDAY. 

The  Cmu't  was  crowded  at  an  early  hour,  but  the  rush  was  not  so  great.  The  prisoner  ap- 
peared calm,  as  usual. 

Robert  Pcngilly  examined  by  the  Solicitor  General. — I  knew  the  late  Robert  McKenzie 
since  1842.  Saw  him  four  or  live  weeks  ago  in  the  street.  I  carried  on  the  chair-making  bus- 
iness for  him  in  Lower  Mispock,  up  to  1851.  Ho  had  mills,  and  about  two  thousand  acres  of 
land.  I  tbiidi  that  in  1841  he  was  worth  about  eight  thousand  pounds.  He  lost  money  at 
the  mills  after  that,  and  sank  money  on  the  farm.  Can  not  say  what  property  he  died  pos- 
ses.scd  of.  He  built  his  dwelling  house  about  1849.  I  think  he  had  very  little  personal  prop- 
erty, from  what  I  have  since  seen. 

To  Mr.  Kerr. — 1  know  nothing  of  old  Slavin  or  the  prisoner  at  the  l)ar. 

James  Peacock  examined  by  Solicitor  General. — I  live  about  two  miles  beyond  McKenzie's ; 
lieanl  first  of  the  burning  when  Robinson  and  O'llare  called  on  Sunday  at  my  house,  on  their 
way  to  Squire  Hawks'.  Went  with  them  on  their  return  to  the  ruins,  and  helped  in  the 
s"arch  ;  threw  off  the  bricks  whore  the  chimney  fell,  and  got  the  remains,  supposed  to  be  of 
Mrs.  McKenzie  and  the  child.  My  son,  a  boy  of  about  fifteen,  went  down  to  the  lower  house 
and  saw  the  body,  and  came  up  and  told  us.  We  went  down  ;  I  first  jumped  down  into  the 
ruins,  and  I  turned  over  the  body,  which  lay  on  the  side.  I  saw  it  was  that  of  a  man.  The 
body  lay  tlure  (or  some  time,  and  was  afterwards  carried  to  the  barn. 

To  Mr.  Wetmore. — About  seven  years  ago  the  prisoner  lived  on  our  road  with  Mr.  Gordon 
and  I  did  not  see  him  since.     He  was  very  small  then. 

Jiihn  Knox  examined  by  th«  Solicitor  General. — I  live  on  the  lower  Loch  Lomond  road, 
about  a  mile  on  this  side  of  Slavin's.     My  father's  name  is  Charles,  not  George  (as  was 


I  t  I  r 


16 


THE  MISPECK  TRAGEDY. 


■!•;; 


supposed  when  he  was  called).  I  know  the  Slaving.  I  have  scon  Breen,  but  he  is  a 
stranger  to  me.  I  heard  of  the  burning  of  McKenzie's  on  Monday.  On  the  Saturday 
previous,  Breen  and  old  Slavin  were  working  at  my  father's,  digging  potatoes.  They  had 
their  breakfast  about  eight  o'clock.  They  worked  before,  and  a  little  after,  and  woit 
away  about  nine  o'clock,  and  I  saw  no  more  of  them  on  that  day.  I  was  in  the  ..';;•; 
when  they  stopped  working.  Young  Slavin  was  not  there  at  all  on  that  day.  My  fatliei 
was  sickly,  but  was  about  on  that  day.  Slavin  is  a  laboring  man  ;  worked  about  in 
brick  yards  and  on  the  railway — his  house  is  a  log  hut.  The  family  were  poor.  The  pri- 
soner lived  with  us  a  month  and  a  few  dajs,  and  then  left;  his  father  was  anxious  to  get 
him  away.  The  boy  did  not  scorn  willing  to  go,  but  we  insisted  on  his  going  as  his 
father  wanted  him.  Before  he  hired  with  us,  the  boy  was  working  on  the  railroad.  I 
never  saw  mf)ney  with  him.  I  bought  some  clothes  for  the  boy.  Ilis  father  got  20s.  in 
advance  from  my  father.     The  boy  lived  some  years  ago  with  James  Gordon. 

I  next  saw  Breen  on  Monday  morning ;  he  came  into  our  house.  I  had  heard  of  the 
fire  at  the  time.  lie  stopped  there  about  half  an  hour.  lie  came  from  Slavin's,  aud 
went  back  there  again.     I  saw  Cupt.  Scoullar  that  afternoon. 

Evidence  of  what  witness  said  to  Capt.  Scoullar  not  admitted. 

To  Mr.  Kerr. — I  have  known  Slavin  and  family  for  six  or  seven  years.  lie  has  three 
children  ;  two  younger  than  the  prisoner.  I  do  not  know  the  age  of  the  prisoner;  his 
father  seemed  to  be  very  kind  to  the  prisoner;  I  don't  think  the  prisoner  would  always 
obey  his  father  ;  he  liked  living  with  us  better  than  living  at  home  ;  I  do  not  know  if  his 
father  was  in  the  habit  of  beating  him  ;  the  boy  behaved  very  well  while  with  us  :  saw 
nothing  more  about  him  tiian  boys  in  general ;  I  think  he  is  a  little  simple  ;  ♦  could  not 
say  that  the  youngest  child  has  as  much  shrewdness  as  this  child.  I  would  think  he 
might  be  in  a  dangerous  place  or  position  without  knowing  its  consequences.  He  can 
read  but  very  little;  I  never  knew  him  to  go  to  school  or  church;  never  knew  the  old 
man  or  woman  to  go  to  church  ;  never  knew  any  opportunity  he  had  of  receiving  i-eligious 
instruction,  or  auy  knowledge  of  the  laws  of  the  country,  or  any  laws,  but  those  of  his 
father's  home.  I  have  known  boys  ten  or  twelve  jears  old  who  were  sharper  and 
shrewder  than  this  boy.  He  was  foolish  in  his  talk,  and  would  laugh  and  giggle  without 
any  reason,  and  like  a  foolish  child. 

To  Solicitor  General. — It  is  some  time  since  there  was  a  schoolmaster  out  on  that  road. 
Never  knew  of  this  boy's  being  at  school. 

To  the  Court. — Could  not  consider  thebo}'  altogether  half-witted. 

Ann  Jane  Knox  examined  by  Solicitor  General. — I  am  wife  of  John  Knox  (the  last 
witness)  ;  heard  of  the  burning  on  the  j\Ionday  after  it  occurred.  On  the  Saturday 
morning  old  Slavin  and  Breen  were  at  our  place,  at  about  six  to  seven  o'clock,  digging 
potatoes.  The  prisoner  was  not  there  that  day.  Next  saw  Breen  on  Sunday.  lie  came 
to  our  house  in  the  afternoon  ;  he  ivanted  change  of  a  sovereign.  I  gave  him  a  pound 
note,  an  English  shilling,  and  a  copper.  lie  was  in  the  kitchen  when  he  asked  change  ; 
he  then  walked  to  the  front  door  and  came  back  with  the  sovereign  ;  1  did  not  see  him 
take  it  out.  Breen  was  in  our  house  again  about  dinner  time  on  Monday.  Some  of  the 
police  were  at  our  door  soon  after. 

To  Mr.  Wotmore. — The  boy  lived  about  a  month  with  us.  He  seemed  a  good  boy  ;  I  al- 
ways thought  him  simple  and  liall'-witted  like.     I  saw  nothing  bad  about  the  boy. 

Thomas  McGuire  examined  by  Solicitor  General. — I  live  near  the  Marsh  Bridge  ;  I  did  not 
hear  of  the  burning  at  McKenzie's  until  about  eleven  o'clock  on  the  Monday  alter  it  occurred. 
On  the  Sunday  evening  after  eij^ht  o'clock,  a  man  who  calls  himself  Breen  came  to  my  place. 
I  had  seen  him  before,  but  did  not  know  him  by  any  name,  lie  asked  for  some  refreshments. 
I  told  him  I  did  not  keep  a  house  of  refreshment,  but  I  would  show  him  the  house  of  Burke, 
who  did.  He  would  not  go  ;  he  got  a  quarter  of  a  pound  of  tea  at  my  house,  and  some  sugar, 
and  he  got  some  beer  to  drink  ;  he  hatidi'd  me  a  one  po\uid  note  ;  I  saw  a  purse  about  tsvelve 
inches  loug  with  him,  dark  and  with  steel  beads.  It  might  be  a  purse  like  the  one  produced. 
He  appeared  to  have  something  in  the  purse,  money  or  paper. 

To  Mr.  Kerr. — 1  have  known  old  Slavin  for  five  or  six  years,  and  have  seen  his  bouse.  I 
have  often  seen  the  prisoner,  but  know  nothing  particular  of  him. 

Patrick  Hanlou  examined  by  Solicitor  General. — I  am  employed  on  the  railroad,  sometimes 
as  "  bos"  for  Mr.  Jlyers,  and  sometimes  for  myself  when  I  have  contracts.  I  know  the  Slavins 
to  be  employed  on  tbe  railroad.  I  employed  the  father  myself  about  the  twenty-sixth  of  Au- 
gust, and  he  continued  to  the  twcnty-secoud  September.  The  boy  worked  four  or  five  days  in 
the  meantime.  The  boy  got  four  shillings  a  day  and  the  father  live  shillings.  The  boy  woVked 
four  or  flvo  days  with  Mr.  Myers  during  tliat  time.  I  paid  the  father  for  both.  When  they 
were  leaving  two  pounds  twelve  shillings  and  six  pence  was  due  to  them  ;  out  of  this  he  got  a 
barrel  of  flour,  and  on  the  tenth  of  October  I  paid  the  balance,  twelve  shillings  and  six  pence. 
I  only  paid  them  three  pounds  twelve  shillings  and  six  pence  altogether.    Siuco  September 


twtl 
Ikl 
ofl 

anil 

tni 
te'lf 


•Fi. 


,,„,,^^  -.^  .^.--^^V-rHlWtfimjlJIg 


THE  MISPECK  TRAGEDY. 


i: 


,  ^reen     buthe  is  a 
;     Pn   the   Saturday 

't/e  after,  and   p-o,  , 
/   was  in   the    '.■/.■ 
hat  day.     My  fath^,^ 
'    ^'orked   about  in 
'v-crepoor.     The  pd- 
^  was  anxious  to  iret 
'SI'   S«i«S   as   Ins 
on  the   raiJroud      I 
s  father  got  20s.  i„ 
trordon. 

had  heard  of  the 
*om   Slavin's,  and 

i 

;[«•     He  has  three 
"le  prisoner;    bis 
"or  would  ahvuys 
io  not  knou'  if  his 
f'^'^^J^   us:    saw 
^'e;   ♦  couhl   not 
would  think    he 
luences.     He   can 
'f   knew  the  old 
eceiving  religious 
J'lt  those  of   bis 
■i;e    sharper  and 
'^'  g'ggie  without 

>ut  on  that  road 


r^"ox  (the  last 
'  ,  the  Saturday 

0  clock,  digging 

*  him  a  pound 

asked   change  J 

t  iiot  see  him 

Some  of  the 


al- 


ood  boy  ;  I 

%e;  I  did  not 
'or  it  occurred. 
!  to  ray  place. 
'  '"oiiVslinients. 
use  of  JJurke 
'J  sonic  sugar' 
about  twelve 
"le  produced. 


lis  ho 


use.    I 


J.  sometimes 
V  the  Slavins 
"x'h  of  Au- 
'  five  days  in 
^m  worked 
♦yhon  tijey 
his  he  got  u 
'  six  pence. 
September 


twenty-second,  neither  the  prisoner  nor  his  father  were  at  work  on  the  railway  to  my  knowledge. 
1  knew  Breen ;  ho  worked  ten  and  a  half  days  with  nie  between  the  iirst  and  twenty-second 
of  September. 

Jdliii  Slavin,  brother  to  the  prisoner,  was  then  brought  in  from  gaol  ;  he  was  first  ex- 
amined by  the  Judge.  He  said  he  is  ten  years  old,  and  that  he  knew  be  was  to  tell  the 
truth  and  the  whole  truth.  Had  heard  of  heaven  and  of  hell,  lie  knew  it  is  wrong  to 
tell  what  is  not  true.     The  Judge  said  he  thought  this  sufficient,  and  tlie  boy  was  sworn. 

Examined  by  Solicitor  General. — My  father's  name  is  Patrick  Slavin  ;  tliat  (the  pris- 
oner) is  I'at,  my  brother.  I  lived  on  the  Loch  Lomond  roail.  My  father  and  mother 
lived  there.  The  family  was  live.  My  sister  lives  in  the  old  coiuitry.  Tiiere  is  no  sister 
living  home.  My  younger  brother  is  Jemmy.  I  never  knew  Breen  until  [  saw  him  about 
five  weeks  ago.  I  heard  of  McKenzie's  house  l)eing  burnt'd.  1  think  Breen  Avas  four 
weeks  in  my  father's  bouse  before  it  was  burned.  Breen  lived  in  my  father's  and  slept 
there.  M}-  fatjier  and  Pat  lived  and  slept  there  during  that  time.  It  was  on  a  Saturday 
McKenzie's  house  was  burned.  I  don't  know  at  what  time.  I  saw  Breen  that  morning 
and  my  father  and  Patrick.  They  were  not  at  home  when  I  wont  to  1»ed.  I  saw  them 
about  one  o'clock  in  the  day.  They  were  not  at  liome  after  one  o'clock.  I  saw  them 
leaving.  They  left  together.  "When  they  were  leavuig,  the  whole  of  tliem  said  they  were 
gning  to  P>Iack  River.  They  said  nothing  else  when  they  were  going  away.  It  was  night 
when  I  saw  them  again.  I  was  lying  in  bed  when  the  whole  of  them  came  in.  I  was 
awake  and  saw  them.  They  bad  a  white  bag  with  them,  middling  small.  The  bag  con- 
tained clothes.  There  were  socks  and  a  pair  of  boots  in  it.  They  said  they  got  these  at 
McKenzie's.  The  three  of  them  were  in  the  house  when  they  said  this.  It  was  my  father 
who  said  they  got  them  at  McKenzie's.  He  was  speaking  to  the  whole  of  them.  I  had 
got  up.  M}'  mother  was  present.  They  took  their  suppers  then.  After  the  supper  they 
cdunted  the  money  on  the  table.  It  was  gold.  My  father  took  it  out.  They  said  there 
were  fifty  sovereigns.  My  father  took  it  out.  He  gave  it  to  my  mother ;  all  I  saw.  When 
they  came  in  my  mother  was  not  very  well  pleased.  She  called  them  rascals.  They  said 
slu!  wouldn't  do  it.  This  was  after  supper  before  I  saw  the  money.  I  saw  the  watch  : 
my  father  had  it.  It  was  yellow.  I  saw  a  purse  with  them  ;  Hugh  Breen  had  it.  It 
was  a  silk  purse,  dark.  There  was  nothing  at  all  in  it.  I  saw  no  blood  on  them.  They 
said  ibej'  set  McKenzie's  house  on  fire.  My  father  said  that  night  that  they  killed  Mc- 
Ivenzie  ;  that  be  hit  him  with  the  axe;  that  they  killed  the  woman  then,  and  that  he 
killed  the  other  children  then.  My  father  said  nothing  about  Breen  or  Pat.  lie  said  he 
killed  them  with  the  axe.  He  was  saying  this  after  and  before  the  money  was  counted. 
The  others  said  nothing.     They  took  off  them,  and  went  to  bed  then. 

The  next  morning  Pat  and  Hugh  Breen  went  out  and  hid  the  socks  and  tlie  boots  and 
the  clothes  in  the  woods.  They  took  the  things  and  said  they  were  going  to  hide  them. 
They  did  not  stay  more  than  half  an  hour.  I  then  went  out  to  mind  the  cow ;  I  saw  no 
money  with  them  that  morning;  I  saw  money  that  day  with  Pat.  He  had  itliiniself.  It 
was  gold.  I  did  not  see  more  than  ten  ;  I  did  not  see  tbuni  all  ;  be  had  tliem  in  a  pocket- 
book  ;  Pat  did  not  see  me  ;  I  was  in  the  bushes.  After  they  bid  the  things  he  went 
again  into  the  bushes,  and  I  followed  biin.  He  did  not  go  far.  He  opened  tlie  pocket- 
book,  and  looked  at  the  money.  He  took  one  i)iece  out  ;  he  then  shut  it,  and  put  it  iu 
his  [)ocket ;  he  was  not  long  there  ;  after  that  be  went  dow.  the  road  towards  the  town, 
and  I  followed  him,  and  he  saw  me.  Davy  Hill  was  with  him  ;  I  saw  him  oiler  some 
money  to  Davy  Ilill,  and  be  would  not  take  it;  Pat  threw  It  on  the  road.  Davy  lifted  it 
and  wanted  to  give  it  to  me  ;  then  he  reached  it  over  to  Pat;  I  can't  tell  if  i*at  took  it ; 
this  was  near  Rogers'  gate. 

I  did  not  ask  Pat  wdiere  he  got  that  money,  and  he  did  not  tell  me.  I  did  not  see 
Breen  with  a  pocket-book.  I  only  saw  one.  When  my  father  gave  the  money  to  my 
mother  she  put  it  in  the  chest.  Breen  went  to  town  on  Sunday  about  three  o'clock,  and 
came  back  on  Monday  morning. 

I  told  a  person  my  name  was  Dunn  (witness  was  not  allowed  to  explain  why  he  did 
so.)  'I'bey  all  went  into  the  bushes  on  Monday  about  nine  o'clock.  They  took  breakfast 
before  they  went.  I  was  left  in  charge  of  the  house.  My  mother  went  to  town.  My 
fatiier  told  me  to  take  care  of  the  house.  Only  Jemmy  was  in  the  house  with  me.  In 
the  evening  I  saw  ni}'  father  and  Pat  and  Breen  in  the  woods,  in  a  camp  that  a  man  used 
to  stop  in  ill  winter  chopping.  I  was  not  lialf  an  hour  going  there.  They  were  doing 
nothing  but  cutting  with  a  knife.  Hugh  Breen  told  me  to  go  home  ;  (to  the  Judge)  I 
went  home.  Coming  near  night  I  went  back  again  of  my  own  accord  to  see  if  they  were 
in  the  camp.  They  were  not  there.  I  did  not  see  any  of  them  again.  I  have  not  seen 
Breen  since.  My  father  was  in  the  house  ac  uii  that  night.  Only  one  came  in  at  a  time. 
Pat  came  in  and  got  his  supper.  Father  came  in  next  and  took  liis  supper.  Pat  had 
gone  out.  Father  told  me  to  take  care  of  the  house.  Hugh  Breen  I  saw  standing  iu  the 
door  while  Pat  was  taking  his  supper,     lie  staid  uo  time  at  the  door.     He  took  a  piece 


18 


THE  MISPECK  TRAGEDY, 


i 


of  hit'ud  in  liis  pocket.     Jleanl  liiin  i^ay  nothing  to  Pat  or  Pat  to  him:  ncitlicr  of  them 
spoko  to  mo.     I  next  saw  my  mother  in  the  Conrt  House.     I  did  not  sec  the  others  since. 
I  have  told  all  that  occurred  on  tlio  Saturday  night.     I  think  T  heard  them  washing 
their  liands  before  the  supper. 

To  Mr.  Kerr. — I  have  been  livina:  in  town  since  this  occurred  ;  my  j-ounjrer  brotlier  is 
six  or  seven  ;  I  am  not  as  smart  as  Pat  ;  I  went  to  scliool  about  a  year  to  Fetlierstone  ; 
Pat  went  at  the  same  time,  but  not  as  Utng  as  me  ;  lie  learned  as  smart  as  me  ;  he  can't 
read  ;  I  can't  read  ;  I  never  went  to  church  ;  my  father  never  went  to  church,  nor  Pat, 
nor  my  niother ;  we  just  stayed  in  the  house  on  Sundays,  and  played  away  our  time. — 
Pat  was  hired  with  Knox,  and  upon  the  railway.  He  was  by  himself  hire<l  with  Han- 
lou  (?)  He  hired  himself  also  on  the  iriarr-h  for  a  month  or  so.  My  father  got  his  wages  ; 
did  not  get  all  his  wages  on  the  railway  ;  my  father  worked  most  of  the  time  in  the  brick 
yard  ;  l*at  sometimes  worked  with  him. 

For  some  time  before  McKenzie's  allair,  my  father  and  Pat  and  Breen  were  all  living 
in  one  house  together,  not  emi)loyed  ;  my  father  used  not  beat  Pat.  and  Pat  did  not 
always  do  what  my  father  bade  him,  but  pretty  much  as  he  liked. 

If  my  father  asked  me  to  go  with  lliem  on  Saturday,  T  don't  know  if  T  would  go,  I 
supi)ose  my  fathei>  would  make  me  ;  he  would  not  make  J'ut  go,  because  Pat  would  not 
go  unless  he  liked  ;  m^-  father  could  not  make  him  go  ;  Pat  knows  more  than  me  ;  he  did 
not  tell  Pat  to  go  ;  he  went  himself.  They  said  they  were  going  the  IJlack  Uiver  road. 
I  did  not  see  them  until  night.  It  was  about  two  hours  after  dark  ;  I  went  to  bed  tliat 
night  about  half  an  hour  after  dark  ;  T  did  not  get  up  until  they  came  homo  ;  Pat  did 
speak  after  they  came  in  ;  lie  said  they  had  got  some  clothes  ;  it  was  a  good  little  while 
after  they  came  in  before  I  lose  ;  I  could  see  them  froui  where  I  slept  when  they  passed. 
I  slept  in  the  kitchen,  the  same  place  where  they  were.  There  is  a  little  partition  in  the 
house,  but  no  second  room.  I  did  not  sleep  in  the  place  partitioned  oil  ;  they  struck  up 
a  light  when  they  came  in  ;  there  was  no  blood  on  them  ;  my  father  had  the  bag.  Saw 
nothing  with  J'at  that  night,  and  nothing  with  Breen  onl}-  the  purse  ;  Pat  had  the  pocket 
book  ;  I  did  not  see  him  get  it  from  my  father  or  Breen  ;  I  saw  him  give  it  to  father,  and 
n>J'  father  gave  it  to  him  again,  and  he  hid  in  the  woods  ;  it  was  after  that.  They  \v.u\ 
some  butter  too.  My  mother  was  there  when  they  came  in  ;  T  told  no  one  about  all  tiiis, 
I  told  the  police  my  name  was  Dunn  ;  my  father  told  me;  it  was  my  father  who  couutc.d 
the  sovereigns  ;  he  said  there  were  filty  sovereigns  ;  I  do  not  think  that  these  were  the 
same  that  Pat  had  after  ;  they  were  not  in  the  same  purse.  I'at  said  there  was  a  fine 
pair  of  boots  for  him.  I  guess  they  brought  the  bag  turns  about.  On  Sunday  ninruing 
my  father  told  them  to  hide  the  clothes.  1  first  saw  the  pocket  book  in  the  middle  of 
the  day  on  Sunday. 

1  heard  some  money  jingle  in  Pat's  pocket,  and  I  watched  to  see  if  he  had  any  mouey 
to  tell  the  rest,  and  I  saw  him  open  the  pocket  book  in  the  bushes  in  the  middle  of  the 
day  on  Sunday.  I  told  my  father  I  heard  the  money  jingle,  and  my  father  told  me  to 
watch  him.  I  did  not  want  the  money.  He  did  not  get  it  from  my  father,  for  my  father 
told  me  to  watch  him  and  lind  out.  When  I  followed  Pat  into  the  bushes,  he  did  not  see 
me.  I  told  my  father,  and  when  J'at  returned  to  the  house  my  father  asked  him  if  he 
liad  any  money,  and  he  showed  him  the  pocket  book.  My  lather  took  it  and  counted 
tile  money,  and  said  there  was  about  £50  in  it.  Pat  asked  it  back,  and  my  f  illier  gave 
it  to  him,  and  ho  said  he  would  go  out  and  hide  it.  This  was  before  Pat  met  l>avid  Hill. 
Pat  knew  what  they  were.  I  heard  him  call  them  sovereigns  ;  he  heard  my  ihiliei'  call 
tliem  sovereigns  the  night  before.  He  knew  himself  what  they  were  ;  he  said  he  did  ; 
he  saw  sovereigns  before  ;  I  did  not  know  the  value  of  them  ;  T  did  not  see  any  money 
with  Breen.     1  don't  know  what  Pat  did  with  the  pocket  book. 

I  guess  it  was  for  taking  the  things  they  went  away  into  the  bushes  on  Monday.  They 
all  went  together.  No  one  told  Pat  to  go.  I  did  not  hear  what  they  said.  '•  I  did  not 
go,  what  would  1  go  for?"  Breen  went  first,  and  my  father  and  J'at  next  ;  it  was  eight 
or  nine  o'clock.  When  my  father  and  Pat  came  back  that  night,  they  stayed  only  to  eat 
their  supper  ;  I  came  into  town  myself  when  none  of  them  come  back.  1  left  Jemmy  at 
a  neighbor's  house  ;  I  stayed  at  CaroU's  ;  I  saw  two  policemen  in  the  liouse  before  f 
left  -,  they  asked  me  where  tJie}'^  (ins  father  and  the  others)  were  ;  I  told  them  I  did  not 
know,  that  they  were  in  the  bushes  ;  I  think  this  was  to  the  Captain. 

After  consulting  with  the  prisoner,  Mr.  Kerr  asked  the  witness  if  he  did  not  see  his 
brother  get  that  pocket  book  from  Breen,  or  give  it  back  to  him,  and  he  answered  both 
questions  in  the  negative. 

To  the  Solicitor  General. — On  the  Saturday  night  I  fell  asleep  after  going  to  bed,  and 
woke  up  when  they  came  in.     I  only  guess  it  was  two  hours  after  night.     Behind  the 
partition  is  the  bed  in  which  my  father  slept.    I  slept  in  the  kitchen, 
To  a  Juror. — They  brouglit  an  axe  with  them. 

To  the  Judge. — ISIy  father  had  the  axe.  The  butter  was  not  in  the  bag  ;  it  was  in  f> 
cloth  by  itself.     Pat  curried  the  butter. 


i 


THE  MISPECK  TRAGEDY. 


ly 


r  of  them 

hors  since. 


brntlicr  is 
tluTstono  ; 
!  ;  lie  Cfiii't 
1.  nor  Put, 
)nr  time. — 
witli  lliui- 
lis  \vap;i'S  ; 
II  the  brick 

•c  all  living 
at  did  not 

)iil(l  fro.     I 

would  not 

nie  ;  he  did 

I  liver  road. 

to  l)cd  that 

e  ;  Pat  did 

little  while 

ley  passed. 

ition  ill  the 

y  struck  up 

bag.     Saw 

the  pocket 

fatlier.  aiul 

'I'hey  had 

out  all  this. 

ho  counted 

se  were  the 

J  v.-as  a  line 

ay  niuniiiif:; 

le  niiddle  of 

any  money 
iddlo  of  the 

told  ine  to 
)V  iiiy  father 

did  not  see 
1  him  if  ho 
iiid  counted 

t:ither  L-'ave 

David  iliU. 
y  father  call 
aid  he  <lid  ; 

any  money 

n<lay.  They 
'•  I'did  not 
it  was  ei;;ht 
only  to  eat 
't  Jemmy  at 
ise  before  I 
in  I  did  not 

not  see  his 
;wered  both 

to  bed,  and 
Behind  the 


it  was  in  n 


I 


To  a  Jui'or. — It  was  my  father's  axe.     I  saw  no  blood  on  it ;  I  only  saw  the  handle  ofit 

To  the  S(dicitor  General. — When  my  father  asked  Pat  for  the  pocket  book  Pat  went 
1)ack  to  the  bushes.  I  thoiiuht  he  went  for  the  pocket  book.  When  ho  came  i>ack  he 
p;ave  my  father  the  ])0cket  book.  After  that  he  asked  my  father  a;rain  for  tlie  pocket 
book,  and  ,u.ot  it.     The  Carrols  are  fi-ieiids.     I  stopped  ilicre  once  before. 

To  Mr.  Wetmore,  throufih  the  Court. — I  have  said  my  prayers;  I  forget  the  Lord's 
Prayer ;  my  mother  taught  it  to  me  ;  it  is  a  lonij  time  since  I  said  it ;  I  used  to  say  them 
;j;oin!T  to  bed  ;  it  is  over  four  mouths  since  Tsaid  it;  Pat  used  to  savliis  jiraycrs  until  tlie 
same  time  ;  my  mother  said  they  were  rascals  lief.uv  tlu'y  j:ave  her  the  money. 

.John  IIa,ii;j.-erton  (called  here,  he  says,  TIeagarty)  cxainined  by  tlie  Solicitor  General. — 
1  live  at  the  Four  Mile  Woods,  above  Lake'  Loiuoiul.     .Mv  faiuilv  consists  of  a  wife  and 
six  children  ;  Pernard.  my  eldest  boy.  is  twenty-one  ;  IJiddy,  my  eldest  daughter,  is  three 
years  younger  ;  my  wife  is  Slaviii's  sister  ;  T  have  seen  IJreen  once.     <  )n  the  Saturday  night 
"the  lire  took  place  my  boy  left  the  house  to  accomiiany  aiiotlier  boy.  and  when  he  came 
back  ho  said  lie  saw  a  fire.     This  was  about  eleven  o'clock.     lie  thought  they  were  burn- 
ing slabs  at  Ratcliife's  mills.     On  Mouda}'  heard  of  the  lire  at  McKenzie's  ;  it  was  elevtu 
o'clock  ;  on  Monday  night  I  saw  Slavin  and  his  sou.  and  the  boy  they  call  Ureen  ;  before 
day  on  Tuesday  morning  they  came  to  my  house  and  raised  me.     1  got  up  and  let  them 
in.  and  asked  them  wliat  was  the  matter  that  they  wrre  out  such  a  stormy  night.     Old 
Slavin  said  there  was  a  fire  (>own  at  Mispeck.  and   that  he  and  his  wife  and   I'reeii  were 
often  seen  down  here  looking  after  a  man  iiaiiie(l  Gordon  that  owed  him  X5.  wIkjiu  Mi> 
Kenzie  kept  hid  until  he  could  send  him  oif  in  a  steamboat,  and   they  were  afraid  they 
would  be  suspected  of  the  wreck  that  was  made,     'i'he}'  said  t'.iey  were  looking  about 
McKenzie's  for  (rordon.  and  had  a  writ  for  hiiii.     Neither  IJi'eeu  nor  young  Patrick  said 
anything.     1  kindled  a  fire,  ami  they  dried   tliemselves,  and  I  got  something  for  them  to 
cat;  it  was  a  ver}'  wet  night  ;  I  cannoi.  say  how  far  it  is  from  my  house  to  Slavins  ;  they 
say  that  my  house  is  fourteen  miles  from  town.     Slavin.  after  they  ate,  said  it  would  be 
better  for  them  to  leave  the  road,  as  tliere  might  lie  a  search  for  them  ;  they  went  out  to 
the  woods ;  it  was  daylight.     They  went  down  forty  or  fifty  rods  from  my  house  ;  1  went 
with  them.     They  broke  some  spruce  boughs  and  made  a  shed  ;  I  did  not  assist  them  ; 
my  son  also  went  down  with  them  ;  he  did  not  assist  them,  and   came  back  with  me. — 
The  onl}'  thing  I  saw  with  them  were  two  pieces  of  dark  cloth,  Slavin  himself  had  ;  both 
pieces  seemed  to  be  of  the  same  jiatteru.     lie  left  it  in  my  house  for  my  son  to  get  a  pair 
of  pants  made  for  him  ;  he  said  he  was  going  a  distance,  and  to  get  a  pair  of  pants  made 
for  him.     My   son   l)rought  the   cloth  to  town  to  get  it  made  ii[)  ;  it  was  about  sunri-e 
when  1  left  them  in  the  woods.     1   saw  them   again  about  11  o'clock,  before  1  went  to 
my  work.     The  three  of  them  were  lying  down  when  I  saw  them,  on  a  bundle  of  straw 
they  had  taken  out  of  the  barn.     Brecn  had  carried  this  to  the  camp.     T  did  not  cany 
them  anything.     T  told  tliein  it  was  a  bad  Job  the  house  was  liurned,  and  1  was  afraid 
they  would  sutler  for  it,  as  they  had  run  away  from  home.     Not  one  of  them   could  say 
a  word   for   himself.     1   then   went  over  the  lake  to  Cane's  to  shoe-make,  and  stayed 
there  until  night.     When  I   returned  my  son  had  not  come  home.     I  did  not  go  to  the 
camp  that  night,  and  the  next  morning  went  to  work.     I  did  not  see  ttieni  or  send  any- 
tliing  to  them.     I  snpi>ose  some  of  the  children  took  them  something  to  eat ;  my  son  had 
come  on  Wednesday  evening  just  as  1  returned,  and  brought  word  that  Mrs.  Slavin  was  ar- 
rested.    On  Thursday  morning  before  breakfast  T  went  down  to  see   them  ;  my  son  went 
with  inc  ;  tlu'V  were  lying  as  before;  they  had  an  old  (juilt.     I  sui)pose  my  woman  had 
"iveii  it  to  them;  mv  son  told  me  that  Mrs.  Slavin  and   liie  two  children  were  arrested. 
I  got  so  full  [  could  say  nothing,  and  turned  away  ;  heard  Breeii  say  nothing.     On  Tues- 
da\'  night  the  police  first  came  to  my  house  ;  they  said  they  were  looking  for  three  men 
who  had  stolen  a  horse.     I  did   not  see  Slavin  and  the  others  after  Thursday  morning 
ATrs.  Carrol  is  a  cousin  of  Slaviii's. 

To  Mr.  Wetniore.-^Tt  i.s  seven  or  eiLdit  years  since  Slavin  left  the  Lake,  and  I  have  not  set  n 
nnicli  of  iiim  since  or  his  family.  1  knew  Pat  tlien  very  well.  He  was  born  in  Ireland.  He 
Is,  I  snppo-e,  thirteen  or  fourteen  years  old.  He  was  three  years  old  when  he  came  to  this 
country.  They  lived  with  me  for  ii  year.  Since  they  came  to  live  near  town  I  was  only  twice 
in  their  house,  and  seldom  saw  them.  Pat  sometimes  came  to  my  house  while  he  lived  iit 
(Joldiiig's;  he  did  not  come  often.  He  seemed  a  simple,  quiet  kind  of  boy;  not  as  keen  as 
boys  usually  are.  He  might  bo  cute  enough  at  an  answer  or  the  like  of  that.  I  believe  he 
was  a  simple  boy,  and  not  as  capable  as  he  should  be  of  disceniiug  between  right  and  wrong. 
Ho  was  easily  led.  He  was  not  a  boy  easily  frightened.  Old  Slavin  was  a  high  tempered 
man.     I  do  not  know  if  he  heat  his  children. 

To  the  Solicitor  General.— Golding  lived  in  Smith's  place,  at  the  head  of  the  Lake.     He 
would  come  there  for  a  week  or  two  at  a  time,  until  his  father  came  for  him.     Mrs.  Golding 
was  very  kind  to  him,  and  when  his  father  did  any  thing  to  him  he  used  to  come  there. 
Bernard  llaggerton  was  next  brought  from  gaol  and  examined,    lie  said — 1  live  at  the  head 


/ 


20 


THE  MISPECK  TRAGEDY. 


I 


ol"  the  Tinko.  I  did  iint  lioar  of  flio  biirninjr  of  McKonzio's  until  tlio  Tuesday  morninfr  after  it 
liiippeiieil.  I  heard  of  it  from  old  Putriek  Siavin.  I  know  the  prisoner.  I  first  saw  him  alter 
\hi-  fire,  in  our  own  house.  'I'Ik^  prisoner  said  iiotliiiifr  to  nie  on  tliat  niorninjr.  Old  Slaviii 
was  telling  the  news  to  the  family.  It  was  about  an  hour  before  daylight  when  they  eanie  1o 
tiio  house.  1  did  not  fjet  up  for  half  an  hour  after.  After  breakliist'they  started  to  the  woods. 
Old  Slavin  (I  think)  said  McKenzie's  place  was  burned,  and  he  was  afraid  tliey  would  be  "  a 
deemed"  for  it. 

To  th(!  Judj^o. — I  think  it  was  between  nine  and  ten  o'clock  I  was  <:oini^  down  from  our 
house  with  Lawrence  McAleer,  and  1  saw  as  it  the  reflection  of  a  fire  or  the  moon  risinf^ :  I 
tlionj,'ht  it  was  fire.  The  refiection  was  down  towards  town.  I  do  n(jt  know  the  direction  of 
McKeiizie's  from  our  house.     I  was  never  on  that  ro;id. 

To  the  .Solicitor  (leneral. — Old  .Slavin  said  ilcKenzie  and  his  family— his  wife  and  children 
were  burned  in  the  fire.  Old  Slavin  had  a  piece  of  dark  cloth  with  him,  Jle  pivc  it  to  mr 
to  get  a  pair  of  trowsers  made.  A  daughter  of  Mrs.  (Jarrol's  made  them.  The  old  man  po\ 
them.  The  party  went  to  the  woods  about  an  hour  after  day.  My  father  and  1  went  wit) 
them.  They  went  about  half  a  mile  and  took  with  them  an  old'  (piilt  and  some  straw.  1 
stayed  only  about  five  minuti's.  They  were  making  some  kind  of  shed.  On  'I'uesday  I  came 
to  town  and  got  the  pants  made.  I  sent  them  home  by  a  man  named  Lynch,  and  I  think  one 
of  th("  little  ones  took  them  to  the  camp.  ()u  Wednesday  1  returned  home,  but  did  not  go  to 
them  until  Thursday  morning,  when  1  took  a  piece  of  bread  to  them.  My  father  was  witli  nie. 
I  told  them  Mrs.  .Slavin  and  the  children  were  prisoners.  1  told  them  that  I  saw  police  on 
the  road  as  I  was  going  in.  They  were  in  a  carriage,  and  I  was  told  they  were  police.  'J'be 
men  were  saying  tlie  place  was  very  wet.  'I'hey  di<i  not  talk  of  leaving  it.  I  did  not  sec  them 
again  until  1  went  back  to  the  camp  with  the  police. 

On  Thursday  evening  after  I  left  the  camp  1  saw  (^apt.  Scoullar  at  Smith's.  There  were 
some  men  with  liim,  and  I  was  made  prisoner.  Knquiries  were  made  of  me  and  1  gave  no  in- 
formation about  the  parties.  On  Friday  I  went  out  again  with  the  police  and  I'ouud  the  men 
in  the  camp. 

The  cloth  old  .Slavin  gave  me  was  a  dark  satinet.  ( Examined  a  pair  of  trowsers  produced.) 
Can  not  say  if  these  are  the  trowsers.  The  cloth  was  like  this.  1  don't  recollect  that  on  the 
Tinirsilay  any  of  the  men  spoke  of  going  to  the  United  States.  I  do  not  remember  if  1  gave 
Ihem  any  ailvice.  Is  quite  sure  lie'did  not  see  any  clothes  lett  at  his  mother's,  lie  was  not 
nnich  in  the  house  after  the  men  came  there. 

'!'(»  Mr.  Kerr. — I  know  the  Slavin's  for  eight  or  nine  years.  'IMie  prisoner  always  seemed  a 
simple  sort  of  fellow,  Xever  saw  any  thing  bad  of  him.  lias  not  known  much  about  him. 
The  boy  said  nothing  while  the  party  was  in  the  house.  Breen  spoke  a  little  :  he  said  they 
were  not  guilty.  When  I  saw  theni  on  Thursday  morning  tiny  were  pretty  wet.  It  was  rainy 
weather.  I  do  not  know  that  they  were  in  our  house  from  Tuesday  mcjrning.  The  boy  was 
very  (juiet  and  silent  all  through. 

^lary  Carrol  said — I  know  Bernard  Ilaggerton.  lie  brought  some  cloth  to  mc  to  make  a 
pair  of  pants.  It  was  on  the  Tuesday  after  the  l)uruing.  The  jjants  product'd  are  the  same. 
I  know  them  by  the  waistband. 

To  Mr.  Wetmore. — I  am  a  far  out  relation  of  Slavin's.  I  know  him  for  several  years.  I 
ujver  saw  any  thing  bad  about  the  boy.     1  often  saw  him. 

,   Eosamia  Carrol  took  the  cloth  to  the  tailor  to  get  cut.    Believes  the  pants  produced  to  be 
the  same. 

To  Mr.  Kerr. — I  have  known  the  Slavin's  for  eleven  years.  Xever  knew  any  thing  wrong 
of  the  boy.  lie  seemed  quiet.  For  some  weeks,  about  eight,  lie  l)oarded  at  our  house  white 
working  on  the  railroad.  He  seemed  a  very  quiet,  good  boy.  We  never  had  any  trouble 
with  him. 

Sarah  Carrol  is  mother  of  the  former  witnesses,  and  lives  in  Patrick  Street.  Old  Slavin 
and  his  son  came  to  her  house,  while  working  on  the  railway,  to  cook  their  victuals  and  sleep. 
Previous  to  that  they  would  call  at  her  house  often.  Slavin  is  a  cousin.  It  is  thirteen  or 
fourteen  years  since  the  Slavins  came  out,  and  the  prisoner  was  a  child  then.  Never  before 
saw  any  thing  bad  of  the  prisoner  or  family.  Tlie  boy  was  not  as  smart  as  some  boys 
reared  about  the  city.     He  seemed  simple. 

To  the  Solicitor  General. — I  mean  the  boy  was  not  as  devilish  as  .some  city  boys.  By 
simple  I  do  not  mean  he  was  devoid  of  understanding. 

John  D.  Short  examined. — I  have  been  shopman  to  Mr.  Gilmour,  clothier.  Two  weeks 
before  the  murder  I  sold  to  McKenzie  several  pieces  of  cloth,  two  pieces  of  satinet.  The 
cloth  of  the  trowsers  produced  is  of  cloth  of  the  same  description. 

To  Mr.  Wetmore. — I  can  not  say  positively  that  this  is  the  same  cloth.  It  is  a  descrip- 
tion of  cloth  very  mucli  worn. 

Archibald  Roweu  examined  by  Solicitor  General. — I  am  a  gas-fitter,  and  have  been  en- 
raged about  the  jail.  I  was  twice  in  the  prisoner's  room.  I  had  a  conversation  with  him 
he  last  time  I  was  in.  It  was  about  half  past  six  o'clock  on  the  evening  of  Thursday 
veek.     I  went  in  with  the  persons  who  went  to  look  after  his  irons. 


To  } 

said  h 

h^ul  be 

that  w 

Aftc 

be  the 

Wit 

asked 

if.  as 

road. 

iiad  j: 

in  to  Si 

I  boar 

To 
was  t 
the  b 
for  lii- 
think 
said 
nothii 
To 
spoke 
know 
Wi 
the  Si 
e 


THE  MISPECK  TRAGEDY. 


21 


morning''  after  it 
•St  sawliim  niter 
ijr.  01(1  Sluvin 
leii  tlicy  caiiiL' to 
t('(J  to  the  woods. 
•y  would  be  "  ii 

down  from  our 
moon  risiiif,' :  I 
tlio  direction  of 

vif(,'aiid  children 
pive  it  to  ni( 
lie  oil]  man  fjot 
)d  1  went  witl 
some  straw.  1 
J'uesday  I  came 
and  I  think  one 
it  did  not  <ro  to 
jr  was  witli  me. 
saw  police  on 
•c  police.  'J'he 
lid  not  see  them 

7'liere  were 
d  1  gave  no  in- 
fbuud  the  men 

■sers  produced.) 
ect  that  on  the 
nber  if  1  gave 
lie  was  n(;t 

Iways  seemed  a 

ch  about  him. 

:  he  said  they 

It  Wiis  rainy 

The  boy  was 

mc  to  make  a 
arc  the  same. 

oral  years.     I 

reduced  to  be 

,'  thing  wrong 
r  house  while 
1  any  trouble 

Old  Slavin 
luls  and  sleep.      ' 
IS  thirteen  or 
Never  before 
I  some  boys 

y  boys.     By 

Two  weeks 
xtiuet.     The 

is  a  descrip- 

ive  been  en- 
:)n  with  him 
if  Thursday 


To  Mr.  Wetmorc. — I  spoke  first  and  asked  tlie  boy  if  he  had  any  thing  on  his  mind.  Tie 
said  he  iiail  nothing  j)arti(Milar.  I  held  out  no  iiKhicenicnts  to  him:  did  not,  tell  him  be 
had  l)ettcr  turn  Queen's  evidence,  or  that  it  wnuld  be  better  for  liim.  I  did  not  tell  liim 
th;it  what  he  would  say  would  be  used  a.;;ainst  him.  nor  did  I  put  him  on  liis  guard  any  wa\". 

After  some  ar;rument,  the  Judge  said  the  evidence  waa  not  illegal,  and  that  it  woul  I 
be  the  duty  of  the  witness  to  state  what  he  had  heard. 

Witness — Tasked  lii'n  if  he  was  sensible  of  having;  injured  anyone;  he  said  not;  I 
asked  him  if  he  had  jroiic  to  McKenzic's  with  his  father;  he  said  he  bad.  I  asked  hini 
if.  as  reported,  he  was  in  the  house  and  held  a  light  ;  he  said  no.  he  had  watched  on  the 
road.  1  asked  him  if  he  knew  what  tlK'V  had  gone  for  ;  he  saiil  no — all  he  knew  was  tln'V 
had  gone  to  kill  some  one.  That  is  the  suti^tance  of  what  he  said  ;  my  reason  forgoing 
in  to  see  the  prisiMicr,  was  that  IJreen  had  been  a  servant  in  a  house  in  Fredericton  wlure 
I  bf)arded  some  years  i',^o. 

To  Mr.  Kerr. — I  was  never  a  witness  before  but  once  for  a  few  miimtes  ;  my  impress, nu 
was  that  the  prisoner  was  a  boy  of  very  little  feeliiitr.  lie  was  smiling  and  laughing;  if 
the  bov  had  not  sense  enough  to  understand  the  awful  position  he  was  in.  that  may  ar  •ouut 
for  his  laughing  and  smiling.  I  may  be  mistaken  in  my  estimate  of  his  character.  1  i.itli>  r 
think  that  if  I  were  in  such  a  position,  I  woidd  not  tell  all  about  the  allair  as  he  did  ;  be 
.said  he  took  no  part  in  any  of  the  murders  ;  he  apl)eared  to  be  of  opinion  that  he  had 
nothing  to  do  with  the  murder. 

To  the  Solicitor  General. — I  did  not  go  to  any  ofhco  to  state  what  t  had  heard.  [ 
spoke  of  it  to  some  of  my  acquaintances,  and  I  presume  it  was  in  that  way  it  became 
known  to  the  Attorney  General  or  Cajjtain  Scoidlar. 

Willi.'im  Arthur  sworn — I  live  on  the  Loch  Lomond  road,  next  house  to  Slavin's.  On 
the  Sunday  after  Mclvenzie's  house  was  burned,  I  went  into  Slavin's  house.  The  prisoner 
was  eating  his  dinner  ;  he  came  out  with  me.  and  avc  went  flown  some  distance  thronj:li 
the  bushes ;  he  then  pulled  out  a  yellow  coin,  and  then  three  more  ;  he  said  they  were 
live  dollar  pieces  ;  he  bought  an  old  knife  from  me  for  o'/  ;  he  had  ^il  more  in  chauL^e.  and 
he  wanted  to  buy  a  j)iut  of  rum  for  it.  I  said  I  must  go  home.  We  went  to  the  road, 
and  then  David  Hill  came  along,  and  they  went  away  together. 

To  the  Judge. — He  said  the  boss  of  the  lailroad  was  after  paying  him. 

'JV)  Mr.  W'etmore. — I  never  saw  any  harm  abuut  the  boy  j  he  maile  no  secret  of  having 
the  money. 

Jacob  Arthur — I  live  on  the  lower  Loch  Lomond  road.  On  the  Sundav  after  tlie  fire 
the  old  man  came  up  to  my  house  and  stayed  there  two  tu'  three  hours,  lie  said  n<jLliing 
of  the  tire.     Did  not  see  the  young  man  that  day. 

To  Mr.  Kerr. —  Delieve  the  education  and  religious  training  of  the  bovs  were  nnirli 
nt'glected.  Tiiey  spent  their  Sundays  visiting  about  to  their  neighbors.  Old  Slavin  was 
a  hard  working  man.  I  cannot  say  he  treated  his  family  harsldy,  or  that  if  he  wished 
them  to  do  anytlung  he  would  make  them  obey  him.  I  rather  think  he  would  not.  'J'he 
boy  was  easily  led;  I  never  saw  any  simple  ways  about  the  boy.  I  always  thought  he 
was  a  smarter  boy  than  the  second  boy.  I  don't  think  he  ever  had  any  chance  of  learning 
what  the  laws  of  the  land  are. 

fJeorge  Scoullar,  examined  by  Solicitor  General. — I  am  Chief  of  Police  in  the  city.  1 
first  heard  of  the  burning  of  ^[(iKenzie's  place  at  about  ten  o'clock  on  Monday  morniil*:'. 
Mr.  Dooley.  the  tanner,  first  told  me  of  it.  After  further  infjuiry.  I  satisfied  myself  that 
there  was  a  burning,  .and  something  more.  I  then  got  a  team,  and  with  two  of  the  police 
drove  out  to  Mclvenzie's  as  rapidly  as  I  could  ;  about  half  way  out  met  Mr.  Hawks  and 
rieorgc  Leet  coming  in ;  in  conseijuence  of  wliat  Leet  told  me,  I  went  direct  to  where  the 
houses  were  burned  ;  got  there  about  noon.  First  went  to  the  ruins  of  the  dwelling 
house  ;  saw  an  iron  chest ;  lifted  the  lid  and  saw  what  appeared  to  be  part  of  the  body 
of  a  female,  and  bones  of  children.  Coidd  find  no  more  in  the  ruins  of  that  house  ;  next 
Avent  to  the  lower  house,  and  in  the  cellar  saw*  the  trunk  of  a  small  sizeil  man.  Searched 
the  ruins  of  that  house  also,  and  c(Ajld  find  notiiing  to  aiil  me  in  discovering  the  cau-e 
of  wliat  happened.  Searched  about  the  ruins,  in  the  woods,  down  to  the  bridge,  ami 
along  the  Mispeck  stream  ;  searched  tlie  barns.  i<:e.,  and  could  discover  nothing  ;  .'■;.i\v 
some  dogs  scenting  round  the  charred  remains  of  the  man.  and  directed  the  Robinsons  to 
l)n'[iare  a  box,  and  have  the  remains  put  in  it,  to  take  care  of  the  cattle,  and  to  keep 
thin,i;;s  as  they  were.  Listening  to  what  was  said  by  parties  present,  from  observation 
made  by  a  man  named  Moore,  of  West  Reach,  I  was  induced  to  go  to  the  lower  Loch 
Lomond  road.  I  went  to  the  house  of  Mrs.  Jxogers.  and  inciuired  if  a  man  of  the  name 
of  Williatns  had  been  about  there,  or  any  man  answering  the  description  of  the  man  who 
I  heard  had  been  about  Mclvenzie's  the  week  before.  They  said  a  man  named  Rreen 
was  about  there,  and  his  description  answered  that  of  Williams.  In  consequence  of  what 
they  told  me.  I  went  to  Wat's,  and  then  to  Knox's,  and  then  to  Arthur's,  and  then  to 
the  house  1  was  told  was  Slavin's.     There  I  saw  two  small  boys.     They  said  their  name 


1 


22 


THE  MISPF.CK  TRAGEDY. 


was  Dunn.  John  Slavin,  the  witness  heard  to-day,  was  the  boy  who  cave  that  informa- 
tion, lie  said  tlieir  father  and  mother's  names  wore  Dunn.  I  sent  for  Mr.  Artlnir.  and 
he  said  they  were  John  and  .James  Slavin.  f  told  the  boys  not  to  be  afraid.  John,  .'fla- 
vin then  admitted  what  his  name  wa>,  and  *hat  a  man  named  Breen  had  been  tJtopjiinj:- 
there.  From  information  received  there,  T  j  rorx'eded  to  town,  and  as  avc  got  near  the 
city  r  saw  a  woman  crossing  towards  the  sands,  whom,  from  description,  I  .supposed  to 
be  Mrs.  Slavin.  I  sent  a  policeman  after  her.  and  found  it  was  she.  From  the  contra- 
fliction  of  her  statements  and  her  sons.  T  arrested  her  and  lirought  her  in.  T  tlien  set 
guards  on  all  the  outlets  of  the  city.  With  the  force  on  duty  in  the  cit\%  I  had  all  the 
city  pretty  well  searched  for  the  two  Flavins  and  15reen.  and  I  sent  two  police  out  to 
watch  Slaviu's  liouso.  Next  morning  T  sent  four  men  out  the  T,och  Lomond  road.  Con- 
i^^inue'l  the  search.  Did  not  see  any  of  the  jirisoucrs  until  the  following  Friday  evening, 
when  I  found  tliem  in  a  camp  at  the  head  of  Lake  Lomond,  about  three-quarters  of  a 
mile  from  the  road.  A  sort  of  path  led  to  the  place.  Lernard  nag^erton  guided  us  to 
tb  '  place.  Policeman  Dobson  and  L  with  Tlaggerton  ]>etween  us.  advanced  to  the  camp. 
Ww  u  and  old  Slavin  came  to  the  front  of  the  cam]),  and  were  secured.  I  asked  old  Sla- 
vin where  hi.s  son  was.  lie  said  in  the  camp  under  tlie  quilt.  ^Searched,  and  found  he 
was  not  there.  Saw  a  hole  at  the  back  of  the  camp,  and  looking  in  that  direction,  saw 
tlie  lad  running  oil",  I  called  out  to  him  to  come  back,  or  1  would  shoot  him.  The  father 
said  not  to  shoot  him.  and  called  to  the  boy  to  come  back  ;  he  did  come  back.  Dobson 
searched  Dn-en,  and  got  on  liiin  tnree  sovereigns,  and  an  Englisli  shilling  and  portemon- 
iiaie.  Old  Slavin  said  that  when  I  came  up  he  was  putting  on  his  coat  to  come  out  to 
t'll  all  about  the  matter.  lie  then  asked  me  to  step  aside  M'ith  him.  I  did  so,  ami 
sitting  down  on  a  fallen  tree.  I  searched  him.  and  found  two  York  shillings  on  him.  ^Ir. 
Stdckford  and  the  oihers  of  the  party  kept  cliarge  of  IJreen  and  the  boy.  I  told  Slavin  I 
was  a  public  oflic(  r.  and  ehaiged  him  to  tell  me  notliiug  that  would  militate  again^t  him- 
self,     lie  said  he  woidd  sooner  li(>  dead  than  sutler  as  he  had  done. 

To  Mr.  AV'etmore. — I  was  armed,  but  no  threats  were  made  or  inducements  held  out. 

He  tlicH  said  he  was  i)utting  on  his  clothes  to  come  out  and  tt'll  the  authorities  all 
about  the  matter  ;  that  it  was  the  man  ISreeu  who  led  him  intt>  the  whole  difliculty  ;  that 
he  had  left  the  railroad  the  same  tinu>  he  did.  and  stayol  with  him  on  and  oil"  from  that 
time.  He  said  he  had  gone  out  with  Dreen  to  McKenzie's  place  in  search  of  a  man  named 
t.iordon,  whom  he  said  M(dven/ie  was  secreting 

(Here  a  long  di>cussiou  arose  as  to  tlie  adr.ii^sibility  of  evidence  of  old  Slaviu's  state- 
ment. The  dudge  said  he  was  not  satisfied  on  thi.s  jioint.  and  would  not  decide  it;  it 
was  agreed  that  this  part  of  the  evidence  should  be  omitted  for  the  juvsent.) 

V.'e  l)rought  the  prisoner'-  out.  and  to  (ieorge  Smith's  house,  at  the  head  of  the  lake, 
(ieorge  Stockford  and  policeman  ."Marshall  brought  in  the  prisoner,  old  Slavin  ;  Smith  and 
a  policeman  brought  in  Urei'U.  and  .fames  Stockford  and  I  brought  in  young  Slavin.  De- 
fore  we  got  into  the  wagon  one  of  my  jiaity  stated  (1  think  in  presence  of  young  Slavin) 
that  ho  wished  to  show  where  some  of  the  things  were.  AVlien  we  got  into  the  wagon 
and  had  started.  I  then  wariKMl  the  boy  as  I  did  his  father.  1  told  him  1  was  Chief  ot 
Dulice.  and  that  he  should  not  tell  me  anything  to  injure  him  on  his  trial  ;  that  if  he  chose 
to  tell  me  anytliing  it  must  be  entirely  voluntary. 

•^Ir.  Wetmore  auain  ar::ued  that  if  .anv  inducements  were  held  out  to  the  boy  by  any 
otlu'r  party,  that  wmild  lead  him  to  make  this  ^;atemellt.  the  statement  would  be  iuad- 
mi.--;ibie.  and  he  a:»ked  tliat  it  should  be  shown  that  no  previous  inducement  was  lield  out. 

Solicitor  (M'Ui'ral  argued  that  even  if  iuilucemeiits  were  lield  out  previously,  the  con- 
fession, after  the  boy  was  cautione(].  would  >)e  admissilile  evidence. 

AVitiK'ss  continued. — The  b.y  said  that  it  was  Jheeu  wIk)  hail  got  his  father  and  him- 
self into  dillicnliy.  Dncii  had  been  working  on  the  railroad,  and  after  he  was  disi  hai'ged 
liad  bt'en  stopi)ing  olf  and  on  about  his  father'.s  house  ;  that  some  considerable  time  be- 
fore the  liiii'iiing  took  place,  he  and  lireen  had  been  out  about  M<d'veiizie's  hou<e  sevtu'al 
times,  and  that  lie  had  bet-n  once  in  .McKeiizie's  house  asking  Ibr  water  ;  that  they  had 
gone  out  there  and  returned  home  ;  tliat  on  the  Saturday  before  the  burning,  he  and  his 
lather  hiul  been  digging  for  Kno\  ;  that  when  tiiey  had  worked  foi-  muuc  time.  Dreen 
came  up  and  to<ik  tlie  sjiadfe  out  of  his  hand  ;  that  lie  left  Knox's  place  and  Wi'iit  home: 
that  when  he  was  home  soiiu»  lime,  ih'een  came  in  after  him  ;  that  Dreen  then  proposed 
to  him  to  go  to  .McKenzie's  that  night  ;  that  he  went  out  witti  him  ;  on  the  way  out,  that 
Dreen  tokl  him  it  was  for  the  jturpose  of  robbing  .M(  Kenzie  ;  that  he  went  out,  and  when 
in  view  of  the  lious(>,  Dreen  left  hmi  on  the  lop  of  the  hill  to  keep  watch;  ai'terwarils 
ibeeu  Went  down  to  .M' Keiizie's  house;  that  Dreeii  called  at  the  house  where  .McKenzie 
li\ed.  and  that  Ibeeu  and  ho  came  out  and  Went  with  a  liglTt  to  the  lowei'  house  ;  that 
after  a  slioit  lime  Dreen  came  out  alone,  and  Went  back  to  the  dwelling  house  ;  went  into 
the  ho\i-ve.  and  alter  a  -liort  time  he  (the  boyj  lu  .ii'd  loiid  eiles  ;md  screaming,  and  some- 
thing like  a  dog  cry  and  imul  ;  thai  liiieii  tlieii  came  out  (afur  a  lapse  ot  an  hour  or  so) 


an(J 

to 
to 

pUJ 


I 


\ 


chl 
Inl 

boi 

sai 

mt 

li. 

of 

th 


THE  MISPECK  TRAGEDY. 


23 


'vo  that  informa- 
-"^'i'.  Artliur.  an<I 
'■;ii(l.     Joliu  Sla- 
il  been  sfoppi,,,,. 
"'0  got  near  tlic 
1.  r  .siippos-(.,I  to 
fiiii  tlio  contra- 
■  '"•     I  tlu'n  set 
J%  T  liad  all  tho 
vo  police  out  to 
"1(1  road.     Con- 
1  ruiay  evoiiinn- 
<'o-qiii!i-tei-.<  of  a 
on  guided  ns  to 
ed  to  the  camp. 
n^K-od  old  .Sla- 
'  •'J'ld  found  lie 
direction,  saw 
'"•     Tlie  either 
'•ack.     Doljson 
and  portemon- 
to  conic  ont  to 
I  (^li'I  ?o,  and 
'  '^"1  iiiin.     Mi; 
I  tol'l  S'lavin  f 
Le  Hgain-t  hirn- 

iits  held  f)nt. 
■'iiithoi'itics  all 
iinicnlty;  (!,.,( 
_"fl'  from  that 
'"i'lnanname.l 

'"^I.'ivin's  state- 
decide  it;  it 

1  "f  flic  hdu.. 
1  ;  Smith  and 
:  '*^Iavin.  JJe- 
■oiing  Slavinj 
'"  the  wagon 
was  Chief  of 
!'t  if  he  chose 

'  '"'V  I'v  anv 
"lid  he'iiiad'- 
*'as  held  out. 
«l.v,  the  con- 


'T  and  him- 
<  dischargei! 
'Ii'  time  l.e- 
"'*e  sevorni 
!it  they  had 
he  and  his 
iiiie.  Mrren 
■■^'lit  Jionie; 
fi  proposed 
'.V  "III.  Ihat 
i  and  when 
ifierwards 
.MfKonzJe 
"if^c  ;  tliat 
^veiit  into 
iinl  s()iii(.. 
>iir  oi-  so) 


and  went  to  the  stable  between  the  two  houses,  and.carried  some  straw  from  tlio  stable 
to  tile  lower  house,  ])iled  some  wood  on  to  the  straw,  and  then  set  fire  to  it;  then  went 
to  the  ui)per  house,  taking  straw  with  him  from  the  stable ;  put  it  into  the  porch  door, 
piled  wood  on  it,  and  set  fire  to  it. 

iJoth  houses  got  into  a  blaze  in  a  very  sliort  time.     Ijrcen  came  to  where  he  was  on 
ihe  top  of  the  hill,  bringing  some  bundles,  a  iiag,  and  some   butter  in  a  pail.     He  then 
asked  iJreen  if  he  had  murdered  Mfdven/.ie  and  his  family,  and  tliat  l>reen  sai<l  he  had 
murdered  them,  and  burned  up  every  soul  of  them.     lie   then  said  tliat  his  father  came 
up  to  them,  and  that  l>reen  taking  the  butter,  and  he  and  liis  father  carrying  the  bundles 
and  bag,  they  started  for  home,  and  got  home  before  midnight  ;  his  mother  got  u])  and 
let  them  in  ;  that  she  then  told  them  to  take  the  things  out  of  the  house  ;  that  she  would 
not  allow  them  to  remain  in  the  house;  that  Tireen  then  gave  liim  five  to  ten  sovereigns; 
that  IJreen  also  gave  his  mother  sovereign-  ;  that  M(d\euzie's  hat  was  fitU-ivd  bv  Ib'een 
ti)  his  father.     He   then  said  that  the  bundle  and  l)ag  were  hidden  under  ,iu  old  lalleu 
tree  in  a  swamp  below  the  house,  and  that  he  would  take  them  where  they  were  ;  he  did 
so.  and  they  found  the  bundles,  containing  some  bundles  of  yarn,  a  woman's  frock,  some 
children's  lilankets,  some  socks,  and  otlu'r  trilling  tilings.     They  were  tied  up  in  a  sheet. 
In  tho  carjiet  bag  were  a  pair  of  boots,  four  nld  knives,  and  four  old  forks.     I  asked  the 
boy  if  he  was  aware  that  murder  was  going  to  be  committed  before  he  went  out.     He 
said  he  knew  the  roljbery  was  planned  weeks  before  at  his  father's,  but  he  did  not  think 
miirdei'  was  (o  be  coimnitted  imtil  he  heard  the  screams  from  the  house.     At  that  time 
he  told  me  his  filher  had  iKJtliing  to  do  with  the  killing  ;  that  Ibven  had  done  the  whole 
"f  it.     Afier  hiding  those  tilings,  he  said  they  went  to  bed.     He  and  his  father  were  about 
the  house  on  .Sunday  ;  on  Mond.ay  his  mother  went  to  town  ;  (Hreen  went  on  Sunday, 
and  returned  on  ^Monday  morning.)     After  his  mother  went  to  town,  he  and  his  fither 
and  IJreen  went  into  the  wooils  to  the  camp;  after  the  wagon  I  had.  had  left  the  hou-e 
for  town,  he  came  out  of  the  woods  au(l  learned  from  his  brother  that  imiuiries  were  ma<le 
after  the  persons  who  nuu'dered  the  McKen/.ies  ;  he  went  back  into  tlie  woods  again,  and 
in  the  c<nirse  of  the  night  they  started  for  his  uncle  JIaggerton's.  and  got  there  about  day- 
break ;  got  something  to  eat  there,  then  went  back  into  the  woods  and  made  llieircanip  ;• 
that  young  Haggerton  went  in  with  them  ;  that  IJarney  Haggerton  and  his  sisters  hatl 
occasionally  tak(.'n  them  provisions  into  the  camp.     He  said  tliat  he  had  given  the  sove- 
reigus  he  had  lelt  back  to  IJreen  on  that  (hiy.     I   should   have  said  that  he  said  that  the 
sovereigns  IJreen  had  given  his  motlier  she  hid  in  the  stone  fence.     He  said  he  saw  IJreeu 
leaving  the  camp  for  the  i>ur[)ose  of  hi<ling  the  gold  watch,  juirse.  and  other  articles,  and 
lie  said  these  had  belonged  to  .McKenzie.     On  Tuesday  last  I  discovered  near  tlie  camit, 
about  thirty  feet  from  it.  a  bundle  under  an  old  fallen  tree  ;  in  one  of  the  legs  of  a  pair 
of  trowsers  were  two  [lairs  of  socks,  (identified  the  trowst'rs.  a  light  striped  pair,)  aiwl  an 
insliK  cotton  shirt      We  continued   tlie  seardi  until   Thursday  afternoon,  but   found  no 
more.     Next   moi'iiimi',  with   two  men.  I  started  for  the  camp  .'igaiu.  by  torch-li;:hl.  and 
louud  at  the  root  of  an  old  liii'ch  ti'ee,  under  leaves  and  moss,  a  woman's  apron,  and  inside 
a  mitten,  and  in  it  a  gold  watch  wrapped  in  a  silk  handkerchief  and  a  purse  containing 
twenty-eighl  sovereigns  ami  fair  halfsovereigns,  and  a  pair  of  braces.   (Were  all  produce(l.) 
The  (  xamination  ol Captain  Scoullar  resumed.  .      TIII'KSD.V^. 

The  purse  and  money  were  the  last  things  found.  The  articles  found  I'rom  the  begiu- 
niuj,'  of  the  search  were  the  three  sovereigns,  and  the  poite  luonnaie  and  Knglish  shilling 
found  on  IJreen  ;  the  next  were  the  carpet  bag  ami  bundle  f  lund  at  Slavin's.  when  point- 
eil  oMi  by  the  prisoner;  next,  got  the  tub  of  butter  and  blue  <loih  cap  at  Slavin's  h-nise, 
and  a  pillow  ease  and  striped  shirt.  On  the  Sunday  f  »llowing.  Mrs.  Slavin  went  out  with 
us  and  showed  us  a  small  red  bag  hid  under  a  stone  near  her  house;  it  contained  I'orty- 
livt'  sovereigns  and  twenty-three  half  sovereigns.  The  next  properly  we  found  was  on- 
Tue-day,  Hear  the  camp  at  the  head  of  boch  boniond.  inider  a  tree;  1  found  the  pair  of 
trowsers,  t^c.  and  on  Friday  morning  found  the  piece  of  calico,  mitten,  watch,  purse  con- 
taining twenty-eight  sovereigns  and  twenty-four  halfsovereigns.  i^c. 

(.'ro^s-e.Xamiiied. — The  prisoner  saiil  he  did  not  know  mui'der  was  going  on  until  he 
lu'ai'il  the  dies.  Told  me  that  IJreen  went  down  to  thr  lower  house  with  .McKen/.i( .  Ho 
did  not  say  there  were  cries  in  the  lower  housi-.  The  cries  were  heard  fr  >m  the  upper 
house.  l*ris(uicr  did  not  say  how  far  he  was  ojf  at  the  time  he  was  keeping  watch.  He 
knew  of  the  robbery  being  iilamieil.  but  he  did  not  know  anything  of  tlu'  murder  until 
he  heard  the  cries.  Told  \uv  that  he  was  not  in  thehou.^e.  He  said  thai  IJiveii  had  laid 
the  plan,  an  l  that  his  father  had  been  led  into  it. 

The  pocket  book  jirodui'cd  (a  small  worm-re<l  om)  is  the  one  1  found  on  TJrceii.  I 
found  no  jiocket  book  on  the  lioy  ;  I'ound  no  other  po  ket  book;  this  contained  three 
sovereigns.  The  boy  naid  he  had  got  a  pocket-book  from  IJreen.  and  gave  it  back  to  him 
with  threi-  soveri'i!.'Us.  The  boy  showed  lis  whei'e  the  bundles  wi're,  and  afterwards  to'.il 
us  of  the  other  property  concealed  near  the  camp.     He  showed  no  disposition  toconcea. 


y 


i*  I 


THE  MISPECK  TRAGEDY. 


I' 


any  of  the  property.     Besides  the  property  now  found,  the  boy  said  there  was  no  more. 
If  T  were  to  believe  what  tlie  boy  said,  I  would  think  there  was  another  pocket  book. 

At  the  instance  of  Mr.  Wetmore,  the  witness  tried  if  the  pocket  book  would  hold  fifty 
sovoreipins. 

I  could  close  it  with  fifty  sorereigns  in.  The  evidence  p;iven  by  the  boy  (Johnny)  was 
not  precisely  the  same  as  he  gcv^e  before  the  Coroner,  as  far  as  I  heard. 

To  the  Judj^e. — The  prisoner  seemed  a  loose  kind  of  boy,  laujihin-^  and  carryinp;  on  ;  he 
seemed  to  have  a  great  deal  of  ability  to  keep  a  secret ;  he  seemed  to  be  quite  capable  of 
kiiowino:  good  from  evil,  and  to  be  rather  intelligent. 

To  Mr.  AVetinore. — The  only  time  I  saw  him  take  his  position  seriously  was  once  when 
Pob.-oTi  and  I  went  into  his  cell  and  found  him  crying.  He  was  chained  and  had  been 
handouni'd.  This  was  the  fourth  day  of  his  confinement.  At  other  times  he  would  talk 
of  the  affair,  and  then  go  off  laughing.  He  seemed  to  think  that,  as  he  stated  he  was  free 
of  tlie  butchery,  his  share  in  the  other  part  of  the  affair  was  of  little  moment,  and  would 
not  liriiig  very  serious  consecjuences.  The  boy  was  lying  on  the  bed  and  crying.  There 
seemed  a  great  deal  of  levity  about  the  boy's  conduct,  but  this  did  not  surprise  me,  as  I 
had  made  up  my  mind  about  it.  If  I  had  not  made  up  my  mind  on  the  subject,  and  had 
heard  nothing  of  the  affair  until  I  had  gone  accidentally  to  the  gaol,  and  had  been  told 
that  a  man  and  woman  and  four  children  were  butchered,  and  a  boy  in  irons  charged  with 
the  crime  showed  such  levity,  I  should  certainly  think  that  he  had  not  a  proper  sense  of 
his  situation. 

To  the  Solicitor  CJeneral. — I  was  pi'oliably  three  hours  or  three  hours  and  a  half  in  com- 
pany with  the  boy  on  the  evening  of  his  arrest — from  the  time  of  the  arrest  until  we  got 
to  the  watch  house.  There  was  nothing  in  the  boy's  conduct  or  conversation  during  that 
time  to  induce  me  to  believe  he  was  devoid  of  understanding.  I  have  seen  him  four  or 
live  times  siuee.  It  is  from  what  I  have  seen  of  him  and  his  conduct  I  formed  my  opin- 
ion of  his  character. 

TlKjmas  Dobson  examined  by  the  Solicitor  (leneral. — I  am  a  policeman.  When  Breen 
was  arrested  I  found  three  sovereigns  and  an  English  shilling  in  a  portemonnaiL'  in  his 
pocUet.  and  a  copper  in  the  same  ;  brought  Ureen  to  town. 

To  Mr.  Kerr. — I  inquired  of  Breen  on  that  day  about  other  property.  T  since  mailo 
inquiry  about  the  property  of  the  boy,  T  did  not  ask  about  the  iiocket-liook  in  particu- 
lar. He  said  Breen  had  hid  property  near  the  camp,  but  he  could  not  tell  where  it  was. 
The  boy  did  not  tell  me  be  gave  the  pocket-book  he  bad  to  Breen.  I  do  not  remember 
that  the  boy  told  me  the  pocket-book  he  once  had  was  the  sanu'  I  found  on  lireeii.  All 
the  property  we  heard  of  has  been  found,  and  we  have  discontinued  our  searches.  Breen 
told  me  old  Slavin  had  the  portemoiuiaie  before  ;  I  found  no  other  pocket-book.  A  mark 
on  the  side  of  this  seems  to  be  where  a  name  was,  and  has  been  scratched  out,  I  wa.s 
not  told  who  scratched  it. 

Wm.  Boss  examined  by  the  Solicitor  General. — I  live  at  Indian  Town  ;  I  knew  the  lato 
B.  McKenzie  since  1S40;  I  had  many  transactions  with  him,  but  none  of  late.  T  was  the 
owner  of  a  gold  watch,  McKenzie  had  it,  I  put  it  with  him  with  a  bond  of  one  thousand 
live  hundred  or  one  thousand  six  hundred  jiounds  some  thirteen  years  ago.  The  bond  I 
since  took  away  aufl  gave  to  Mr.  Tuck,  and  he  has  it  now.  The  watch  was  made  by  'NVd)- 
stcr.  London.  Whitehill  Street,  I  think,  and  the  number  was  iive  thousand  one  huiidivd 
an<l  twenty-eight.  The  description  is  in  Spahn's  books,  (watch  produced.)  That  is  the 
very  watch.  I  swear  it  is  the  identical  watch.  It  is  mine.  McKenzie  had  no  claim  on 
it.  I  saw  the  watch  last  when  I  took  the  bond  from  Mcdsenzie.  about  six  orseven  years 
ago.  It  was  in  an  iron  chest  he  called  his  safe.  I  don't  think  he  ever  had  it  on  his  neck. 
George  Smith  e.vamined  by  Solicitor  (ieneral. — I  live  at  the  head  of  the  lake  ;  I  went 
with  Capt.  Scoullar  to  the  camp  where  the  prisoners  had  been  ;  I  came  in  with  one  of 
the  prisoners  ;  I  was  not  at  the  camp  while  the  jirisoners  were  there. 

•lames  Stockford  sworn. — I  have  seen  the  prisoner  at  the  bar  before  ;  I  accompanied 
Capt.  Scoullnr  on  the  evening  the  prisoner  was  brought  in  from  the  lake.  I  heard  ('apt. 
Scoullar's  evidence.  I  was  present  when  the  boy  made  the  statements  to  Capt.  Scoullar 
which  Ue  detaileil  in  Coui't.      He  detailed  those  correctlv. 

Solicitor  General. —  From  what  you  saw.did  you  think  the  bov  devoid  ofconunon sense  ? 
Mr.  ^Vt•tmore  objceted  to  such  ([Uestion  being  put  by  the  Crown.     The  witness  should 
only  detail  facts,  ami  from  these  the  jury  should  form  their  own  judgnu'iit. 

'hie  Court  dvcidid  that  if  the  (picstion  were  put,  the  witness  should  tirst  be  asked  as 
to  i'll  the  fa<"ts  from  which  he  fornie(l  his  opinion. 

The  Solieitor  Geiu>ral  said  they  did  not  wish  to  take  up  the  tinu'  of  the  Court  with  a 
repctitinti  of  these  statements. 

Georiie  Stnckford  was  repeatedly  called,  but  <lid  not  npp(>nr.  After  waiting  several 
mimites  (messengers  having  b(>eu  sent  to  liml  him)  the  Solicitor  General  said  they  wo\il-' 
wait  no  longer  for  him.  but  rail  the  next  witness,  lit  (.11  Bisdk.n. 


THE  MTSPECK  TRAGEDY. 


25 


^vas  no  more. 

ckot  hook, 
il<i  liold  fifty 


•Jolim 


ly)  tt-as 


'■.yin,?  on  ;  he 
to  capable  of 


K 


IS  once  when 
1  liad  hc-en 
"■f'lld  talk 
J'o  was  free 
and  Won  1(1 
"ig-     There 
•■^L'  me.  as  I 
ct,  and  iiad 
'joen  told 
«''^'ed  with 
er  sense  of 

)alf  in  com- 
Jitil  We  trot 

iiringtiiiit 
ini  four  or 

I  my  ojtin- 

hen  Hrcen 
laii'  ill  his 

iiice  made 

II  I>articii- 
-'i-o  it  was. 
ivmember 
■ceil.     All 

s.     JJrccn 

A  mark 

t.     I  was 

V  the  late 
T  was  tlie 
tli'Misand 
e  l.ond  1 
hy  AVoh- 
'iiiiKhcd 
H   is  tho 
■laiin  on 
i-'ii  years 
lis  neck. 

I   Went 

one  of 

ipanied 
H'apt. 
t'oulhir 

sense  ? 
«iioiiI(i 

<od  as 

vith  a 
''vcral 

IVnnP 


Tlic  Jndprc  seemed  surprised  at  this  course.-  and  some  ohjcction  was  made  hy  the  coun- 
sel for  the  prisoner,  but  tlie  Solicitor  General  ar?;ued  that"  he  was.  according  to  :ill  the 
late  authorities,  a  competent  witness,  and  he  was  evidently  a  most  disinterested  witness, 
as  the  verdict  in  the  case  could  not  now  affect  him  in  any  w.av. 

The  Court  ordered  that  he  be  sent  for. 

Ihr;ii  I'liKKX  was  then  broujrht  in.  and  having  been  swdrii.  placed  on  the  same  stand 
that  liad  lieen  occupied  by  jjrevious  witnesses. 

Tie  was  advised  by  the  Court  that  he  need  not  answer  any  question  to  criminate  hiin- 
i>;elf.  Tic  said — I  knoM*  the  prisoner  at  the  bar  about  six  weeks.  I  know  him  working 
with  Mr.  Ilanlon  on  the  railway.  I  knew  him  after  at  his  lather's.  I  stojiped  at  his 
father's  about  three  weeks.  I  saw  him  about  a  montli  before  the  burning  at  Mclvenzie's. 
I  know  when  that  took  place. 

The  witness  was  again  warned  that  lie  need  not  answer  any  (piestion  unless  he  pleased 
—any  questi(m  he  thought  would  implicate  himself. 

Witness. — We  were  there.  Mr.  Slavin.  his  son  and  me  ;  that's  all  I  know  about  it.  I 
saw  the  prisoner  at  the  bar  do  nothing  there.  I  could  see  him  do  nothing  there.  1  sep- 
arated from  them  on  Sunday  evening  at  ills  own  liouse.  \Ve  were  not  together  until 
Monday  night  again.  AVe  did  not  separate  after  that  until  the  watchmen  took  us  prison- 
ers. T  came  into  town  on  Sunday  evening,  went  back  on  Mond'iy  morning,  and  we  went 
together  on  Monday  evening.  T  saw  the  prisoner  do  nothing  at  McKi'uzie's.  for  I  was 
outside.  He  was  inside;  he  went  in  wit!i  his  father.  I  did  not  go  into  the  dwelling- 
house  until  the  murder  was  over.  The  three  of  us  were  in  the  old  hou.-e— in  the  small 
house ;  that  was  before  the  prisoner  and  his  father  went  into  the  big  house,  or  before  we 
went  up  to  it.  There  was  no  one  in  the  small  house  but  ourselves  then.  T  saw  !MeI\en- 
zie  ;  he  was  m  the  small  house  while  the  three  of  us  were  there.  M(dvenzie  was  alive 
when  the  prisoner  was  there.     T  saw  McKenzie  dead  in  the  small  house. 

Tlie  prisoner  was  aLcain  warned  that  he  need  not  answer  these  questions. 

1  went  up  for  McKenzie.  and  he  came  down.  He  said,  is  she  coming  ?  He  meant  my 
wife.  I  said  she  is  ;  is  she  near  hand.  sa\s  he  ;  well,  she  is  pretty  near,  said  I.  Slavin 
and  his  son  were  in  the  next  room.  I  took  the  axe  in  my  hand  to  make  down  some  lire. 
()ld  Slavin  said,  don't  make  down  any  fire,  the  less  liglit  "the  better  ;  f  then  took  up  tho 
lire  again  ;  this  was  before  Midveiizie  had  come.  Then  Slavin  took  the  axe  out  of  my 
hand,  went  into  the  next  room,  and  shut  the  door.  His  sou  was  along  with  him  at  the 
time.  There  were  two  or  three  rooms  in  tlie  house.  He  shut  the  room  door,  having  gone 
into  tlie  room  and  his  son  with  him.  McKenzie  came  down  ;  had  a  light  in  his  hand. 
lie  did  not  know  Slavin  and  liis  son  were  there  at  all  ;  it  was  bejbi'e  he  came  in  they  had 
gone  into  the  rooin.  Says  Slavin.  coniimr  out  with  the  axe  behind  his  back,  "  she's  on 
liand,"  meaning  my  wife,  about  whom  he  had  heard  McKenzie  talk.  With  that  he  drew 
the  axe  and  hit  him  on  the  breast.  Says  he.  wherever  I  hit  a  dead  dog  will  tell  no  lies. 
Then  h(>  left  him  on  the  floor.  He  struck  him  on  the  breast  with  the  back  of  the  axe. — 
McKenzie  let  a  groan  out  of  him,  but  did  not  speak.  He  was  put  from  speaking.  Slavin 
then  put  him  in  the  tellar  ;  a  few  steps  led  to  the  cellar,  through  a  trap  door.  Can't  tell 
who  lifted  the  trap  do(,r.  I'm  on  my  oath,  and  can  only  tell  what  I  saw.  He  then  took 
anotlur  notion,  and  brought  him  up  again  ;  says  he.  will  you  hel])  iiie  to  get  him  up  again  ; 
says  I,  I  can't.  Then  he  went  down  anrl  struggled,  and  got  him  nearly  up.  and  then  ho 
asked  me  to  take  him  by  his  feet  ami  help  him  u]).  and  I  said  1  would,  and  then  I  did. 
This  was  about  an  hour  and  a  half  aCtir  he  struck  him  ;  he  had  been  dead  then  a  consid- 
erable time;  ho  trailed  him  along  the  floor  into  the  room  he  lirst  went  into,  and  lel'l  him 
there  on  the  floor,  it  was  after  this  he  went  to  the  upiier  house,  during  all  that  time  we. 
Were  about  the  old  house.  Then  we  went  up  to  the  new  house — all  three  of  us.  Says 
Slavin  to  ine,  go  in  you,  as  you  know  the  place  ;  says  I.  I  don't  know  the  ])lace  any  more 
than  yoii  do.  Well,  says  li(>  to  me.  you  staml  at  the  sill  ol'  the  door  until  i  get  a  \iew  of 
her,  that  is  all  I  want — I  did  so.  He  came  in  and  put  his  head  h.alf  in  through  the  door. 
She  was  sitting  on  a  small  seat  near  the  stov.  tvith  her  baby  in  her  arms.  She  says  to 
nie.  is  she  near  h.'ind  ?  ^'es,  she  is.  says  1.  pretty  near  (she  meant  my  wifi-.)  He  put  me 
up  to  say  that,  as  it  was  the  only  way  to  get  at  .M(d\eiizie.  It  was  he  said  yis,  sho  i.s 
pretty  nigh.  He  had  his  axe  behiinl  his  liaek.  and  then  cam(>  forward  and  h't  her  have 
it  on  the  side  of  the  head.  He  struck  her  with  the  back  f>f  the  axe.  The  baby  fell  over 
against  the  edge  of  the  sto\<'  (ru  the  lire-plae(>.  lie  gavi'Mrs.  M(d\enzie  twr)  thumps  with 
the  axi'  somewhere  about  the  heart.     He  hit  the  children  then  with  the  a.\e.     Th 


■y  were 


standing  crying  round  the  mother.  Ther(>  were  four  of  them.  That's  all  I  know  of  it. 
He  hit  the  wlnde  of  them  with  the  a\e.  'I'hey  cried  (or  a  spell.  Mrs.  McKenzie  did  not 
cry.  Slie  moaiieil  for  a  little  spell.  'I'he  prisoiiei'  was  stamliiig  in  the  porch  at  the  time, 
lie  Went  no  further,  lie  took  no  direct  part  in  the  niunler.  He  had  no  hand  in  it  no 
more  .ban  I  had  myself.  That's  all  I  have  to  say  about  the  murder.  Alter  the  tniirder 
wa."*  over  we  shut  the  door.     The  dog  liappeiied  to  come  in.  and  ^ot  some  of  the  blooil  on 


26 


THE  MTSPECK  TRAGEDY. 


him.  It  was  a  sinall  dog.  Tlie  murder  was 'over  aLoiit  half-past  nine  ;  the  prisoner  went 
and  looked  at  the  clock.  We  shut  up  the  doors  and  went  down  to  the  cdae  of  the  woods 
hclow  the  liouse.  and  sat  there  for  a  good  little  while,  and  then  came  up  again  to  the  house. 
AVe  heard  some  of  the  children  crying  or  moaning.  Slavin  asked  what  it  was.  and  I  said 
it  was  crying  or  something.  We  went  hack  again  to  the  woods  for  another  while.  Came 
hack  to  the  house  again.  The  ])risonor  was  getting  hungr\-.  and  we  looked  ahout.  and 
I'at  got  a  piece  of  a  loaf,  and  we  all  drank  some  milk  in  the  pantry,  and  went  down  again 
to  the  woods,  and  stayed  there  awhile.  We  then  relin-ned  again  to  the  house.  I'at  had 
the  key  of  wliere  the  money  was  kept.  lie  took  it  out  of  Jlr.  McKenzie's  pocket  after  he 
was  killed  a  little  spell,  and  before  we  went  to  the  hig  house  lirst.  His  father  got  weak 
and  could  not  put  a  hand  to  him.  Slavin  and  Pat  then  went  in,  and  Shivin  gave  me  the 
axe  and  lokl  me — now  if  any  one  pass  do  you  slay  him.  and  we  will  scarcli  and  get  what- 
ever is  inside.  After  they  went  in  I  heard,  as  I  thought,  the  safe  opening.  They  took 
out  whatever  monc}'  was  in  it,  I  sui)})ose.  and  came  out.  and  vvc  all  went  down  to  the  edge 
of  tile  woods  again.  Then  we  again  came  ))uck  to  the  house,  and  Slavin  sai<l  it  was  better 
set  lire  to  the  lower  house  first,  as  the  people  may  think  it  caught  fu'e.  and  they  wti'o  all 
burned  in  their  beds.  Pat  had  some  matches  and  lit  a  candle.  There  was  a  bed  Leet 
had  in  the  lower  house.  Pat  said  to  his  father  it  was  better  jmt  the  candle  to  the  straw  ; 
it  cauglit  fire  before  we  left  there.  I  e.xpect  the  Ik^usc  biu'iied,  1  came  up  with  a  lock  of 
straw.  Sa\-s  Slavin,  we  will  now  go  up  to  the  upjjcr  liouse,  and  set  it  on  fire.  AVe  went 
up  and  I  took  the  straw,  and  Paddy  tlie  matches  and  the  caudle.  AVe  put  the  straw  at 
the  edge  of  tlie  porch,  built  some  wood  round  and  set  it  on  lire.  The  house  caught  lire. 
AVe  remained  there  ;ibout  live  minutes  after,  and  then  all  of  us  went  home.  A  little,  not 
much,  was  carried  from  the  house,  some  socks,  some  mittens,  a  woman's  dress,  some  yarn, 
some  aprons,  a  beaver  hat.  a  gold  watch,  a  i)air  of  bdnts.  the  pi-istjuer  took  out  of  .McKen- 
zie's  lied-room.  There  was  money  taken,  over  lifty  pounds.  1  did  n(;t  see  it  in  any  tiling. 
I  saw  old  Slavin  put  his  hand  in  his  pocket  on  Sunday  morning,  and  tlirow  it  down  on 
the  table,  and  it  l')oked  like  gold — sovereiii-ns  and  half  sovereigns— he  had  it.  AVe  all 
came  to  Slavin's  that  niglit  ;  I  can't  say  what  time  it  was. 

Had  conversations  with  prisoner  only  about  three  weeks  before.  There  was  a  man  liv- 
ing at  Alclvetizie's,  and  the  old  man.  who  had  set  a  plan  six  years  belore  to  murder  Me- 
Ken/.ie.  had  no  chance  to  do  it.  The  prisoner  did  not  hear  much  of  the  alTair  until  a  few 
days  luf )re  it  hap])ened,  when  old  Slavin  said  to  his  son  to  be  a  good  boy.  ])c  wise,  and 
take  his  advice,  and  if  he  would  he  wovUd  do  well.  Pat  never  took  his  advice  ;  lie  was 
not  an  obedient  boy  ;  he  would  give  his  father  the  worst  word  in  his  belly  ;  his  father 
Could  not  manage  him  at  all ;  his  father  tohl  him  he  wanted  him  along  with  him  to  hold 
the  candle  for  him  ;  that  he  did  not  want  him  to  do  any  of  the  murder  for  him,  as  ho 
could  ilo  it  alone;  the  boy  was  keen  for  to  go  there;  L  cannot  remember  wliat  hv  >aid. 
AVe  went  out  together;  the  conversation  on  the  way  was  nothing  only  to  murder  them. 
The  fatliersaid,  ''  Xow,  when  we  get  a  chance  at  tluni,  do  you  l)ack  me  the  best  way  you 
can."     For  my  own  jjart,  I  backed  him  iiothmg;  I  said  iio'lhing  ;  the  boy  said  nothing. 

I  saw  money  after  with  the  boy — one  sovircign  in  his  hand  on  Sunday  morning  ;  J 
saw  a  pocket  book  with  him  ;  I  don't  know  what  he  di  I  with  it ;  1  may  know  it  again  ; 
the  one  produceil  might  be  it.  His  father  told  me  the  boy  hiid  live  sovereig'-.s  iu  it  ;  this 
Was  in  my  jiossession  ;  Paddy  (the  son)  gave  it  to  me  a  lew  minutes  liefore  we  were  ar- 
rested—al)out  half  an  hour  ;  wdieii  tlu'  handcuils  were  (ju  me  I  told  the  policeman  to  put 
his  hiuid  ill  my  pocket.  Al)out  half  an  hour  before  we  were  taken,  Mr.  Slavin  put  three 
sovereigns  in  my  hand,  and  a  ([uarler  dollar. 

To  Mr.  Wetinore. — On  the  Saturday  liefore  we  went  to  Mclvenzie's,  1  had  no  money  ; 
it  was  on  Sunday  evening  I  lir.»t  got  money  ;  it  was  on  Sunday  evening  Airs.  Slavin  gave 
ine  two  half  sovereigns.  The  two  together  will  make  a  sovire'ign.  I  did  not  take  a  w  hole 
sovereign  to  any  one  to  get  changed.  I  took  the  two  half  sovereigns  to  Knox's  to  get 
changed.  I  came  to  town  on  Sunday  night.  1  stopped  at  David  Uamsay's  on  Sunday 
night.  I  had  a  purse  with  me ;  there  was  nothing  in  it.  'I'hat  (the  purse  prt)duced)  is 
the  one  ;  there  may  lie  a  few  bits  of  paper  in  it — l;its  of  n('w>pai>er  ;  it  is  my  business 
why  1  put  lliein  into  it  ;  it  was  for  deviltry  ;  1  cannot  tell  what  ne«>pa]pers  tliey  wviv  ; 
Ijaiii  no  scholar  ;  I  don't  know  when  1  put  them  in.  or  where  I  got  them.  Old  Slavin 
gave  me  the  purse  ;  he  j)Ut  no  money  in  it.  I  took  the  purse  to  keep  money  in  it— money 
that  I'd  earn,  or  the  M<d\en/.ie  moiuy.  1  can't  tell  when  I  was  to  get  any  of  it.  There 
was  lime  iMiotigh  to  got  my  share  of  the  nuniey  if  I  puslii'd  for  it.  1  only  asked  for  a 
sovi'ivign.  and  got  that  ;  came  into  town  on  my  own  busine.«s  ;  can't  recollect  what  the 
business  was;  can't  say  what  time  I  came  in;  it  was  not  before  dark  ;  liad  no  particular 
business  ;  w'as  in  th(!  habit  of  coming  into  the  city  ;  it  is  there  1  lived,  and  hail  a  home 
there;  I  am  married;  my  wife  livi's  at  iAIetiouldrick's  ;  did  not  come  in  to  go  there  ; 
cannot  say  where  1  went  iirst ;  it  may  be  about  eleven  o'clock  when  1  got  to  Kamsey's  ; 
was  a  little  hearty  wdieii  1  got  there;  do  not  reinemlier  more  than   I   tell;  cannot  ttdl 


THE  MISPECK  TRAGEDY. 


27 


ncr  went 
ic  woods 
It-  liouse. 
nd  I  said 
Came 
int.  and 
yn  auain 
I'at  had 
a  ft  IT  lie 
)t  n-cak 
liie  the 
t  what- 
■y  took 
le  edn-e 
■>  liclter 
■<i' ■■  al! 
1   Led 
4 raw  ; 
ock  of 

i  e  Went 

raw  at 

•ht  lire. 

tie.  not 

e  yarn, 

Icl\en- 
tiiinfr. 

wn  on 

We  all 


how  much  1  drank  ;  I  know  where  the  Cathedral  is  ;  can't  say  if  I  was  in  that  street 
that  iii.uht  ;  was  nofin  two  houses  that  night  in  tliat  street  ;  eannot  say  if  I  was  in  Mrs. 
Blaek well's  ;  my  memory  is  only  middrm;!;  ;  eannot  say  if  I  was  in  preat  confnsion  the 
night  this  unfortunate  allair  took  place  ;  I  suppose  I  was  scared  ;  was  frightened  ennugh. 

i  was  often  in  I'redericton.  I  was  there  this  summer.  I  cannot  say  if  it  was  a  month 
]iivvious.  Old  Slavin  was  with  me,  1  went  up  there  on  my  business.  T  know  a  widow, 
>':^ally  Colly,  there.  I  did  not  tell  Slavin  she  had  money.  I  never  heard  she  had  mouvy. 
S!ii'  may  have  money.  I  swear  1  did  not  consult  with'Slavin.  and  go  up  for  the  jiurpose 
of  murdering  Sally  G0II3',  and  getting  her  money.  I  did  not  go  up 'there,  and  stay  there 
two  days,  for  the  express  purpose,  and  come  away  because  we  could  not  carry  ii  out  ;  I 
Went  up  to  see  my  sister  ;  I  was  in  Sally  Colly's  on  that  occasion,  and  ate  dinner  tiiere 
once.  I  was  often  in  there.  While  in  Frcdericton  1  saw  nothing  of  Slavin  ;  he  went  about 
his  own  business,  and  I  about  mine.  1  met  him  again  before  we  left  there.  Came  down 
in  the  1)oat  with  him.  Did  not  tell  him  when  we  met  at  the  bi'isii  by  Mr.  (iaynor's  that 
We  must  leave  there,  because  we  could  not  carry  out  our  purpose. 

The  witness  would  not  answer  any  other  question  on  this  subject.  TTe  would  not  say 
he  declined  to  answer;  but  to  the  repeated  (luoslions  of  Mr.  ^Vetmore  made  no  answer. 

The  Solicitor  General  interfered,  and  the  ([Uestions  were  not  ju'i'ssed. 

AVent  down  to  !McKenzie's  on  'J'hursday.  Slavin  and  ids  son  went  with  me  ;  we  went 
to  murder  McKenzie.  Slavin  and  his  son  left  there,  and  1  slept  with  Leet.  Had  no  in- 
tention f)f  murdering  Leet.  Went  there  on  Thui'sday  to  commit  robbery,  and  might,  only 
that  Leet  told  us  his  father  and  mother  were  in  town,  and  he  was  expecting  them.  I  re- 
member distinctly  th.at  after  McKenzie  was  murdered,  we  stayed  an  hour  and  a  half  at 
tlu!  lower  house;  J  have  memory  enough  for  that;  do  not  recollect  if  I  was  at  Mrs. 
lilaekvvell's  on  Sunday  night  ;  can't  say  what  the  last  jilace  I  went  to  before  1  went  to 
llamsey's  ;  ean't  say  I  know  nmch  of  Airs,  lilackwell  ;  don't  know  where  she  lives.  I  told 
you  all  1  did  know,  and  that's  all  you'll  get  of  me  ;  you  nuiy  a -k  what  questions  you  please 
from  this  until  to-morrow. 

To  the  .Judge — I  often  gave  Mrs.  Blackwell  money,  but  it  was  not  McKenzie's  money 
I  gav<^  her  ;  don't  know  if  I  gave  her  money  on  Sunday.  (Would  not  say  if  he  gave  her 
gold  on  Sunday.) 

^Ir.  Wetmore  said  he  had  many  more  questions  to  put.  but  he  would  not  occujiy  time 
in  putting  them,  as  the  boy  refused  to  answer.     The  witness  was  then  remanded. 

Jlr.  AVi'.TMoun  opcneil  tho  (k'foneo.  lie  s:!!'!  if  Wii.-  a  nin.«t  extr.vinlin  irv  (■\c'nt  in  orirninul  juoepeilinpts. 
tliiit  in  a  iM.-^i'  iiftliis  cIiiiriK-tcr  oncor  twn  iiu-n  cinivictcl  ofsu  gi'er.t  11  ciiiiic  sli'iulii  lo  oiilloil  iis  a  witiic-.-'  lur 
till'  Crown,  wliilo  the  ntliiM-  llie  fiitlKT  of  llio  ]iii,-fiiK'r,  wlin,  liowovor  lie  i'.t'!j;ii'i'to(l  his  duty  as  n  ]i:ircnt  c  n 
I'ninirr  (ii'casiiiiis.  wuuM  now  li  •  dispiiscl  V>  )cliL'V(:  Irs  tliilil  fnim  tlio  poniiltics  of  a  cviiiio  of  wliicli  lie,  it' 
l^i'cn  s)inl<(>  truly,  was  liiiMsclf  iimiiilv  guilty — was  nnt.  Tlioy  woiiM  jiiochuc  the  el  lar  Sl.ivin  on  the  ile- 
t'ciii'o.  'I'liu  criiiio  ciiiuiniftt'il  wms  oho  sd  onoi-inmiy  lliiit  wrre  tlioy  nut  livin;^  within  a  t'ow  niilos  ultln'  ]il;ii'o 
wlu'io  it  liiiil  lii'i'n  ciininiilti'il.  tlu'V  coiilil  si:iii'<'ly  liclicvo  that  anythini;  ,-w  iiihuniiu).  so  ilroiHllnl  iis  liiccn 
(|(',-crili('il,  (Miiilcl  possilily  have  hcon  |icri'('ti-,itt'il.  s'liU  in  would  (•(niu'  tlnrc  mid  tcil  llioni  that  it  was  not  lu! 
who  had  I'oiiiiiiillcil  the  awl'id  luurduis,  iis  ilrci^n  had  a.-.-crtcil ;  Imt  that  it  was  IJiicn  himself  who  ruthli'>.-ly 
fliui},dili'rt'd  all  till'  victims,  an  1  ),iir>uing  the  shiii'kiiiLC  I'liildion  as  Ihoy  fh'd  to  and  t'ro,  harhaionsly  Avw 
tht'ni  all.  <M.|  slavin  would  tell  tlicni  how  it  was  he  had  ;;iadually  irrown  rc;;ardlfss  (il'riL,'ht,  and  i;;nivrant 
of  his  iluty  to  (iod  and  man,  ncvorontoring  a  plaeo  of  worslii|i  or  tliinl<inp;  of  rcliirions  or  nioriil  olilii'ations. 
ll('  would  canilidly  toll  thoni  everything,  and  it  wouhl  he  for  thcin  to  say  whether  they  would  helii.'ve  him  or 
lireen,  whoso  nioile  of  giviii;^  evidence  they  had  witnessed.  Citin,'  the  authorities,  he  said  that  niter  ]irodu- 
eing  the  evideiieo  for  tlie  del'eine,  .Mr.  Iverr  wcnild  ask  Iheiu  liy  this  verdict  to  say  that  thifi  hoy,  notwith- 
.-•tandiiig  his  age,  was  not  capahle  of  discriminating  sutlicieiitly  hetween  f;oo  1  nnil  evil,  and  not  accountal'le 
for  what  I,  ■  did  in  this  case.  They  would  show  that  lie  was  a  simple  hoy;  that  his  fatluT  was  an  austere 
luiwi.  anil  that  the  hoy  was  much  in  droitd  of  him.  r.etween  the  hoy  and  his  unfortunate  father,  theri;  wa.* 
(since  their  arrest  no  chance  of  collusion,  lis  they  had  not  seen  one  another.  It  was  to  he  regretted  that  in 
the  |iositi' II  in  which  he  was  jihiced,  lireen  showed  so  little  signs  of  repentance;  much  to  he  lioiied  that  ho 
may  yet  1  c  ch.in^cd  for  the  hotter,  and  may  ohlain  from  (iod,  who  almio  could  pardon  such  a  erinie,  foi;;ive- 
ne-s  lor  hi-  irreat  oll'eiice.  He  said  they  Avould  show  that  the  hoy  knew  Dothini,'  of  any  intention  to  coniinit 
murder  ;  Ih  it  he  thouL,'ht  they  only  intended  a  rolihery,  and  that  he  Wiis  not  in  either  house  when  tlii>  iiiur- 
dcr-'  were  cnuimitled.  hut  that  in  faci,  as  ho  in  all  siiu|'licily  of  his  n.'iture  stided  at  the  very  first  to  ('apt. 
Scoullar.  he  wa-i  Keeping  WMtidi  on  tlio  roail  outside,  and  knew  nothing  of  the  murder  until  \w  heard  tim 
erics.  .All  the  evidence,  hut  tliat  of  lireen,  went  to  show  that  (he  h  ly  knew  nothing  of  the  murder.  The 
slatenieiit  ni.idu  hy  tln'  hoy  wln'ii  iirrested  should  ho  held  of  inoro  value  than  the  statoinent  of  lireen,  who 
would  not  lull  tlie'wholo  truth,  and  would  not  tell  when:  he  was  on  .Sunday  uveiiing,  or  whero  thi;  rest  ol  the 
property  of  the  unfortunate  McKenzie  wasi  concealed,  perlijijis  lest  ho  j-lioiild  implicate  any  others.  'I'lu'y 
would  diowthat  the  hoy  knew  nothing  of  any  intention  to  inurdor,  anil  if  there  had  hcen  any  eono.Tt  he- 
tween the  prisoner  ami  the  others,  it  wa.^  ii  concert  to  commit  a  rohliory,  and  the  .Vtlorney  (Jeueral,  if  thn 
hoy  were  acijuitled  on  this  indictineiit.  could  liiive  liiin  indicted  for  arson,  or  hurjj;hiry,  or  the  receiving  of 
Ktoleii  ^'  "iiU  of  which  it  seemed  lie  wrts  guilty,  and  4'e  invicfeil  on  any  of  these  cliarijes,  though  hi.s  lif<.'  would 
not  be  foifeited,  ho  Would  ho  coniinod  lor  such  a  numhor  of  years  as  would  iitfirl  tiin»for  hi-  reloii;;,ition. 
The\  did  not  \M.-h  to  ijcle  it  the  ends  of  justice  ;  if  they  dj.j.  (Ijcy  mig!i(  ye.<telday  hnc  admitted  eideilci' 
w>hii  !i  li.e  .'ii  lici' then  f!i"U'rlil  iidinissilile,  l.iil  w'.,iili.  on  ndlect'on,  le'  this  luomiiii:  rn'e  I  in  idini  -il'h'. 
They  only  d  -ived  for  the  I  oy  a  f.dr  trial  If  one  link  w  'vc  wantin,'  in  (he  cii.iin  ot  evi.leiicp  tic  y  fimnld 
not  lay  tiieir  h.nids  on  his  lile,  and  say  that  the  life  (io  1  had  given  tiim  to  spoil  I  ouc.irlh  ».is  I.k)  long,  Lut 


23 


THE  MTSPECK  TRAGEDY. 


I 


u^' 


it  would  bo  their  duty  to  acquit  hira.  IIo  ar<i;ucd  from  the  conduct  of  ttio  boy  that  he  was  not  to  bo  hold 
fully  accountable  for  hiH  conduct  on  this  occasion,  and  thmiffh  ho  could  not  find  wiydn  to  express  his  utter 
horror  of  the  crime  :  tlioudi  neither  in  this  land  nor  any  other,  had  so  dreadful  a  crime  been  perpetrated, 
and  the  annals  of  crime  sliowcd  no  parallel,  yet  they  should  not  allow  themselves  to  bo  influenced  by  such 
feelin<i;s,  but  should  remember  that  they  wore  trying  this  simple  boy  aloiio.  They  would  show  that  Breoa 
hiul  jilotted  several  other  rol)borics  ;  tii  it  the  younj;  man,  Leet,  had  a  narrow  oscapo  at  thoir  hands,  and  it 
was  (tod's  mercy  that  he  too  was  not  killed  by  IJrecn. 

Piitrick  Shiviii,  Sen.,  was  then  called,  and  in  a  few  minutes  was  brought  in  from  the 
p;a()l.  On  his  iii)pearance,  tlie  excitement  of  the  crowded  audience  j^rew  intense.  'I'hu 
old  man  wore  still  the  same  straiiire  expression  of  countenancCj  gazing  with  a  glassy  staro 
at  vacancy. 

When  he  was  sworn,  the  Judge  warned  him  that  he  need  answer  no  qu;^stion  tending 
to  imi)licate  him.  He  said  he  understood  this,  and  said  to  Mr.  Wetmoro  he  was  disposed 
to  tell  the  whole  trutli. 

He  said — I  am  father  of  the  boy.  He  is  from  fifteen  to  sixteen  years  of  age.  I  cannot 
read.  I  liave  not  been  in  the  habit  of  attending  public  worship  ;  it  is  more  than  a  few 
weeks  since  I  was  in  a  place  of  the  kind  ;  T  could  not  say  when  1  was  there  before  ;  don't 
know  as  I  have  been  in  such  a  place  iialf  a  doZ'jn  times  in  years  ;  have  never  been  in  the 
habit  of  teaching  the  boy  his  prayers  ;  thiidc  he  knows  nothing  about  them,  and  never 
learned  them;  the  boy  is  not  a  bad  boy;  he  is  of  tender  feelings;  I  wish  I  had  as  ten- 
der. First  knew  Bree'n  on  the  railway  ;  left  it  soon  after,  and  he  left  about  the  same 
time.  Ivecollect  being  in  Fredericton  six  weeks  or  two  months  ago  ;  it  was  partly  Breen 
who  proposed  going'thcre  ;  was  never  there  before,  and  knew  no  one  there  ;  saw  a  woman 
there  called  Sally  Ciolly  ;  went  with  IJreen  ;  we  \vent  for  no  good  purpose  ;  we  went  to 
rob  licr  if  we  got  any  good  cliance  ;  that  was  our  j)rincipal  business  ;  Breen  suggested  it. 
"We  talked  of  murdering  her.  but  did  not  come  to  our  purpose  ;  1  don't  doubt  if  I  got  the 
opportunity,  I  would  havi;  ])ut  her  through;  wo  got  one  opi)ortunity,  but  it  was  risky  ; 
We  got  others,  but  they  were  all  the  same  ;  it  was  Breen  suggested  it,  and  I  did  not  fail 
hun  a  bit.  If  we  got  a  good  chance,  and  it  was  necessary  to  murder  her,  she  would  have 
a  bad  chance.  N(;t  succeeding,  we  came  back  ;  it  was  myself  was  the  head  and  founda- 
tion and- backsetting  of  robbing  and  nuu'dering  Mclvenzie,  and  he  did  not  fail  me  any  ;  it 
was  I  told  him  Mckenzie  was  reputed  wealthy ;  he  (;onscnted  to  go ;  it  was  after  we  re- 
turned from  Fredcjricton  we  laid  tlie  plan  ;  guess  it  is  five  weeks  ago  since  we  came  from 
Fredericton  ;  we  came  down  by  the  road,  and  we  were  talking  of  it  pretty  much  all  the 
time;  we  intended  it;  I  had  no  intention  of  any  other  robbery.  Hugh  Breen  often 
talked  of  S(]uire  Sharkey,  l)ut  not  in  the  way  of  rc)bbing  him  ;  Breen  told  me  Corkery 
was  a  man  who  oi"t.en  carried  a  great  deal  of  money,  and  could  be  robbed  ;  never  saw  him 
until  the  other  day  ;  dt)n't  know  that  I  woidd  have  robbed  him. 

After  returning  from  Fredericton,  Breen  stopped  at  my  house.  We  talked  often  of 
robbing  Mclvcnzie.  I  knew  PoUey  well,  and  we  put  olT  the  robbery  because  we  did  not 
wish  tt)  injure  Policy.  We  knew  he  was  going  to  leave  ;  if  he  did  not  leave  T  don't  know 
that  T  woidd  have  attempted  the  robbery,'  James  Golding,  Policy's  brother-in-law.  owed 
me  £5,  and  was  going  out  of  the  country  with  Policy,  and  I  got  a  capias  from  Squire 
Sharkey  to  catch  him  when  he  came  down.  My  wife  went  up  to  buy  some  things  of 
Policy's,  and  to  find  out  about  Golding.  Never  knew  of  Leet  until  I  went  to  the  place 
with  Ib'cen;  tried  to  find  out  when  he  would  leave,  because  there  would  be  less  trouble 
when  he  was  away,  and  I  did  not  want  to  have  anytliing  to  do  with  him.  JJrecn  was  well 
aware  of  all  this.  '  Breen  slept  with  Leet.  He  stopped  as  much  to  find  out  when  Leet 
would  leave  as  anything  else.  P.reen  heard  from  Leet  that  he  expected  his  father  and 
mother  there  on  Thursday  night,  and  it  was  this  helped  to  prevent  our  robbing  McKeii- 
zie  on  Thursday  night ;  if  he  was  in  the  way  T  think  I  would  have  killed  him  against  tny 
own  will,  just  because  he  was  in  the  way  ;  think  he  would  have  had  a  bad  chance  ;  did 
not  tell  my  son  anything  of  my  intentioii  to  murder.  He  could  not  tell  what  was  in  my 
mind  ;  don't  know  that  when  going  to  Mclvenzie's  on  Saturday  night  I  asked  the  others 
to  stand  to  my  back  ;  don't  allow  I  diil,  as  1  did  not  want  any  one  ;  1  was  able  to  do  it 
myself.  The  "boy  di('  not  know  what  was  in  my  mind.  When  we  got  to  th'>  plac  ^  Breen 
made  a  (ire  in  the  lower  house  ;  I  was  not  in  when  he  made  it  ;  did  not  /  il  t.ic  fire  out, 
or  cause  Breen  to  put  it  out.  My  son  was  there.  Breen  went  for  Mclvenzie  ;  I  guess  I 
told  him  to  go  ;  he  was  willing  enough.  I  had  no  intention  but  to  take  his  life,  I  wa-^ 
standing  l)y'  the  fire,  and  had  my  axe  ;  heard  them  coming  ;  guess  my  son  was  in  and 
out ;  shoulil  not  wonder  but  he  was  in  the  house  at  the  time  ;  I  was  in  the  bed-room  ;  ho 
miglit  be  in  with  me ;  was  not  observing  him  particularly ;  should  not  wonder  but  he  might 
suspect  I  was  about  to  nuu'der  M(dven/,ie  ;  did  not  tell  liim  in  i»articular. 

McKenzio  aim  Breen  came  down  ;  I  walked  out  of  the  l)ed-room,  and  struck  him  in  the 
breast ;  was  not  in  an  up  stairs  room,  but  one  on  the  same  tier  ;  struck  him  with  the 
poll  of  the  axe  ;  that  blow  did  not  kill  him  e.\aclly  ;  struck  him  several  other  blows  on 
the  head  and  the  breast,  and  wherever  it  waK  haiidv.     Breen  wu.s  standin,:^  by  ;  my  soi 


THE  MISPECK  TRAGEDY. 


29 


migtit  be  in  the  room  when  I  struck  ]McKonzio  ;  he  inipht  be  withhi  two  foct  of  mo  ;  saw 
him  after  McKciizio  was  killed  ;  riitlier  think  ho  came  in  at  that  time.  AVe  did  nut  stay 
thoro  long; ;  1  searched  the  pockets  of  McKenzie ;  could  not  find  the  key  ;  think  it  fell 
out,  and  the  boy  found  it.  In  about  a  quarter  of  an  hour  we  threw  the  body  into  the 
cellar  ;  I  could  not  tell  how,  but  the  boy  first  got  hold  of  the  key.  Breen  and  I  went  up 
together  to  the  house  to  kill  what  was  in  it,  and  rob  th(;  house  ;  1  went  in  first  to  tho 
house  ;  Breen  showed  me  the  way,  for  I  was  never  in  before  ;  he  gave  nie  an  axe  at  the 
door  ;  he  put  it  in  my  hand  ;  I  did  not  take  up  the  sami'  axe.  Tiiere  was  an  axe  near 
the  door.  There  was  a  bright  light  ;  1  saw  ^Irs.  Mclvenzie  sitting  on  a  rocking  chair, 
with  a  child  in  her  arms  ;  when  f  wont  in  I  did  not  speak,  but  just  struck  her  oii  the  side 
of  the  head  by  tlie  ear;  think  the  tirst  blow  killed  her  ;  she  struggled  in  the  agonies  of 
death  a  good  deal  :  think  the  child  was  killed  in  striking  at  the  mother  ;  struck  her  as 
many  as  fifteen  blows.  The  chililrcn  cried  a  little  ;  they  did  not  run  away,  but  kept 
aI)out  the  mother  ;  I  killed  the  whole  of  them. 

Breen  was  in  and  out.  in  and  out.  AVe  searched  the  house,  and  got  about  XlOO  in  tlie 
safe,  all  in  gold.  Tliere  was  nf)t  a  dollar  in  pajK'r  money.  I  ransacked  the  chest.  There 
was  some  odd  of  ,£100  in  gold  ;  it  was  in  a  purse  ahogelher.  Breen  cimld  not  get  aiiv- 
thing  out  without  my  seeing  it.  The  purse  produced  (the  long  purse)  was  got  there,  but 
the  nioiiev  was  not  in  it,  nor  in  the  portemoniiaie.  but  in  the  yellow  cotton  purse  pro- 
duced. The  way  of  the  boj'  was  knocking  about  back  and  forward  ;  took  him  only  to 
keep  watch  if  any  one  was  coming — nothing  else.  We  took  out  sonic  victuals,  aiul  luul 
something  to  eat.  Jii'cen  and  I  consideretl  it  was  best  to  set  lire  to  the  housus,  so  that 
no  one  could  tell  what  happened  ;  guess  Breen  and  1  set  fire  to  both  houses — the  lower 
hou  e  lirst.  The  boy  was  about  with  us  at  the  time,  but  it  was  iJreenandl  in  jtarticular 
who  set  tire.  The  boy  would  do  nothing  but  as  I  would  let  him.  AVe  did  not  go  awav 
until  we  were  sure  it  would  go.  We  then  went  homeward  ;  it  is  six  or  seven  miles  at 
least.  My  wife  let  me  in.  She  might  have  some  idea  of  what  we  were  going  for.  but  we 
did  not  tell  her  what  we  were  going  to  do.  .'^he  would  not  ajjprove  of  it.  We  had  some 
su]iper  ;  produced  the  money,  and  we  counted  the  money. 

^ly  wife  Wiis  by  ;  diil  not  suy  iihiinly  what  I  hail  duiiu  ;  said  a.s  inuoli  as  that  wo  put  tiioui  (hrout;h  ;  fihe 
did  not  want  to  know  about  it.  When  I  ^avu  her  the  money  .-ho  put  it  aside,  away  out  of  the  hou.-^e  entirely. 
Ke.\t  day  heard  some  of  them  say  I'at  had  money.  .Johnny  told  me  lio  had  it.  \\'hon  I  a.sked  it  of  tiim,  ho 
at  first  rather  denied  it ;  thou;^ht  ho  mij,'ht  Inivo  i^ot  it  otf  the  table  wiiou  I  was  eounting  it  over  ni,i;lit ;  gave 
back  the  poiket  book  to  the  boy,  and  the  sovcroif^na  in  it ;  think  Lreen  ff)t  only  tliroo  or  four  .sovereigns  ;  ho 
had  no  paper  money  ;  ho  got  the  purse  I  believe  a  day  or  two  after.  Uu  wont  to  town  on  .Sunday  afternoon. 
He  bad  the  long  stool  purse.     Breen  eamo  into  town,  and  wo  afterwards  wont  into  the  woocls. 

I  lia\e  three  boys  (the  wretched  man's  lijis  .seemed  to  ([uivor  a  little  ;)  the  eldest  is  about  fifteen  or  si.vtcen  ; 
I  think  my  youngest  eliild  has  as  much  sense  as  ho  has  ;  ho  oouM  do  no  more  than  take  money  and  throw  it 
about  tho  road.  It  is  as  muidi  as  a  bargain  that  he  knows  the  ditference  of  right  or  wrong  on  .some  points,  (u- 
knows  the  value  of  money.  I  am  ratiior  loo  severe  ;  cruolly  severe  when  1  begin  at  him.  He  eouM  not  have 
known  my  mind  when  wo  went  to  Molvonzie's.  If  he  refused  to  go  I  wnulil  have  made  liiui  go  ;  wanted 
him  to  keep  watoh  ;  ho  knew  that  when  1  wanted  him  to  <lo  anything  ho  should  do  it ;  he  i.s  a  teudor-heartod 
boy,  anil  has  not  as  nuioh  sense  a.s  a  boy  of  his  ago  should  havo. 

From  tho  time  of  the  murder  ho  never  looked  the  same  .a.s  ho  did  before.  I  think  it  wa.s  tlio  old  woniiin 
who  told  them  to  take  the  things  away  out  of  tho  house  when  they  hid  them  ;  do  not  remombor  tolling  the 
boy  to  go  with  me  when  wo  went  to  the  woods.  Jly  lirni  eonvietion  is  thai  the  boy  ilid  not  know  I  meant  to 
nnirder,  and  that  hi!  is  not  ijuite  capable  to  discern  right  from  wrong.  1  know  that  sentoneo  of  death  will  be 
pronounced  on  me,  and  am  ([uito  satislied  to  die,  let  the  time  be  short  or  long,  and  with  that  knowledge  1  now 
tell  all  that  I  believe  to  bo  the  truth. 

To  the  Solicitor  (ionoral. — Tho  l)oy  i.s  fifteen  to  si.xtocn  years  of  ago  ;  did  not  send  tho  children  to  church, 
and  did  not  teach  them  any  prayers  ;  if  ho  was  taught  any  prayers,  it  was  by  his  mother  ;  sho  sometimes 
taught  him. 

To  Mr.  Wettnore. — I  novor  laid  out  to  make  my  escape  ;  wo  had  time  enough  if  wo  liked  to  go,  but  wo 
never  reiirosented  pru[iorly  to  escape  ;  think  if  we  tried  we  could  havo  done  so. 

To  tho  ."^olii'itor  (ieiieral. — First  know  Breen  on  the  railroad.  ^Vllilo  ho  lived  at  my  house,  my  son  was 
there.  We  were  jilanning  tho  murder  of  Melven/.ie  from  the  time  of  our  return  from  Fredericton  ;  never  told 
biin,  only  ho  might  havo  heard  us  talking  of  it  ;  novor  told  him  particularly,  as  1  knew,  that  when  I  wanted 
him  to  go  ho  .should  go.  Ho  went  with  us  on  tho  Thursday  night  that  Breen  slept  with  Loot.  AVo  went  that 
night  to  commit  tho  robbery  if  things  had  suited.  Ho  probably  knew  in  his  own  mind  what  we  went  for.— 
Wo  told  him  nothing,  but  ho  might  havo  hoard  us  talking  of  it.  I  iiiii  perfect  that  ho  had  an  idea  of  what 
wo  wore  about ;  wo  wore  about  going  to  murder  the  concern  and  roli  it.  We  talked  over  this  bcfwi.xf  our- 
selves. My  son  might  havo  hoard  "  a  whid"  of  it.  Wo  did  not  let  him  hear  tho  worst  of  things.  On  Tluir.s- 
day  we  lot't  Breen  there.  My  .son  and  1  returned  together.  1  don't  recollect  if  1  had  an  a.\o  that  day.  1 
rather  think  1  had,  and  l)rought  it  homo  again.  I  fetched  an  a.\e  there  once,  and  brought  it  homo  again  — 
My  son  ami  I  might  havo  many  talk.s  on  tho  way  homo.  1  do  not  roiollect  what  talk  wo  had  ;  he  might 
suspect  that  we  did  not  accomplish  our  [lurpose,  because  Leet  was  lumber  there  in  tho  way  ;  1  ciin't  recol- 
loet  if  I  told  him  that.  On  tho  Friday  Broeu  caiuo  to  .'McKon/.ie's  where  we  were  working.  H  was  undi^r- 
stood  that  wo  could  go  on  .Saturday  night,  as  Loot  would  then  iio  away.  Breen  t^  mo  this;  think 
Breen  slept  at  my  liouso  on  Friday  night  ;  can't  say  whether  my  .son  heard  us  talking  •'going  back,  but  1 
did  not  want  to  allow  any  ono  to  hoar  u.s  talking  of  what  wo  inloiidod  ;  it  would  not  bo  talked  of  in  pie-eueo 
of  my  wife,  as  she  would  not  approve  of  it.  On  Saturday  evening  we  wont  from  m^^houso  to  iMcKenzie's. — 
Wo  stated  pretty  much  together  ;  on  tho  way,  of  course,  Breen  and  1  talked  of  what  wo  were  going  to  do  ; 
can't  say  that  my  .son  took  any  jiart  in  tho  convorsaliou,  and  cannot  toll  how  near  ho  wod  to  lu.  H'  he  had 
boon  lot  alono  I  think  bo  would  ua  soon  stay  at  huuiu.     Hu  did  not  rufu.su  to  go. 


30 


THE  iMISPECK  TRAGEDY. 


^MiiKonzie  oxiicotcd  that  Brccn  and  his  wife  woro  to  t,'o  to  livo  in  his  small  house.  IJroon  wont  fnrwunl 
fir-t  and  kindled  a  firu.  I  kept  out  nr.-ii^lit,  and  I  rather  think  my  son  did  not  show  himself  eitlier.  I  did 
not  allow  him  ;  wc  were  stamlin;^  hehind  the  house  ;  ISreen  oanie  for  us,  and  I  went  in  ;  I  eannot  say  if  my 
son  wi'ut  in  ;  [  did  not  ]iay  him  muoh  atiention.  There  was  a  good  light,  and  I  should  not  wonder  but  I 
toM  Brecn  there  was  too  much  light,  and  told  him  to  toss  it  up,  and  he  did,  and  made  less  light.  I  went 
into  the  room  to  be  out  of  the  way.  I  did  not  feel  or  .see  my  son  go  into  the  room  with  me.  I  ean't  say  if 
he  was  with  me  in  the  room  at  the  time,  as  1  was  not  flunking  of  him.  I  don't  think  I  elose  1  the  door.  I 
had  an  ii\e  in  my  hand.  The  axe  was  in  the  house.  I  think  JJreon  gave  it  to  mo.  Brecn  went  of  his  own 
clecti(ni  for  Melvon/.ie.  I  knew  ho  was  going  for  him — ho  told  mo.  Tlioy  came  down  and  came  into  tho 
house.  They  were  talking  witii  their  backs  to  the  (iro  ;  they  wore  talking  about  lireen's  wife.  I  rallier 
think  when  [  came  out  lliit  I  saicl  she  was  on  hauil,  and  then  struck.  I  might  have  said  dead  dogs  tell  no 
talcs,  but  I  think  [  did  not.  After  I  struck  Mclven/io,  I  saw  my  son  on  tho  floor,  but  I  think  he  came  in 
from  outsido  at  tliat  time  ;  wo  searched  his  jMckets  ;  tlierc  was  nothing  in  tiiem  I  could  lind.  I'lio  boy  give 
me  llio  key.  I  rather  think  thiit  in  tho  tumbling  over  the  key  fell  out.  I  did  not  know  what  key  it  was. — 
Xeithcr  of  us  knew.  T  found  no  money  in  his  )iockets.  I  jiut  my  han  1  in  every  pocket,  because  it  was  said 
ho  ahvaj-s  carried  XlOO  to  X150  about  him.  I  have  no  doubt  but  my  boy  might  have  put  his  hands  in  his 
jiocket.  I  did  not  feel  any  weakness.  1  might  havo  felt  a  little  thro  igh  another.  We  threw  the  body  into 
the  cellar  ;  it  remained  tlicrc  until  wc  camo  back  from  tho  uiijior  house  ;  it  might  bo  about  two  hours  ;  I  did 
not  .<peak  to  my  son  at  nil ;  gave  him  no  directions,  lireen  and  I  went  pretty  nmch  together  into  tho  upper 
liouse.  lireen  showed  mo  the  way.  I  rather  think  he  stood  liack.  Wc  o[)oned  an  inside  doo^  before  we  saw 
Mrs.  McKen/.ie.  Tho  front  (hior  was  ii])ci;ed.  A\'o  openiMl  a  door  leading  into  a  room,  lireen  stopped  at  tho 
door.  .Mrs.  .Mcdven/.io  ami  Ijreen  talked  a  few  words  about  his  wife  coming  before  I  went  in  ;  I  made  some 
remark  to  that ;  1  d  >u't  remember  wliat  ;  there  were  four  ehiMreu  round  her  ;  there  was  a  lire  in  tho  lire- 
place  ;  Uroen  and  my  son  then  catne  in  ;  thoy  could  not  do  anything  ;  they  wore  not  tit  to  do  anytliing  ;  they 
were  so  through  one  another  anil  frightened  ;  one;  w.as  as  bad  as  another  ;  I  soiirehod  the  house  myself  — 
There  was  not  much  blood.  Tlie  boy  looked  at  the  cloek  while  I  searched  the  iron  chest.  Tho  key  iitterl  it. 
AVliilo  we  were  going  up,  tiio  conversati<in  between  IJreen  and  me  was  about  killing  the  woman  and  children. 
I  did  not  tell  lireen  to  watch  and  kill  any  one  who  came  along ;  I  gave  no  directions  to  my  son  ;  my  i^on 
could  nitt  do  it  even  if  I  told  liim  ;  he  told  me  -o  after  ;  when  I  saw  how  they  acted,  I  told  tiieiu  after  that  I 
saw  neither  of  them  was  of  any  use,  or  was  fit  for  anvtiiing  of  the  kind,  and  says  I,  I  have  it  all  on  me,  and 
do  neither  of  you  over  put  j'our  hand  to  anything  of  tlie  like  of  it ;  there  was  no  ]iaper  money,  not  oven  a 
dollar.  Tho  chest  was  full  of  books  and  papers;  f  threw  them  all  out  on  the  floor;  1  expect  they  were 
burned.  Wo  went  out,  and  staycil  out  some  time,  and  return(!d  again,  and  searched  every  place  where  wo 
thoiiglit  money  could  lie,  as  wo  thought  there  niu-;t  lio  more  money;  wc  found  no  more  ;  we  then  \ycnt  to 
the  lower  house ;  1  put  lire  jilenry  in  the  bed.     i\Iy  son  might  have  put  firo  in  the  bod,  but  there  wa.s  no 

0  'casion  ;  I  went  down  myself  nnd  got  tiie  body  of  Jlclvonzio  up  on  the  floor.  Brecn  put  his  hand"_to  one 
of  tlic  arms  and  heliied  it  up.  I'rocn  took  some  straw  up  with  him  to  the  u]iper  house.  I  went  into  tiio 
upper  house  and  got  a  candle  that  was  ligliting  there.  Tho  straw  was  put  at  the  door,  and  a  lot  of  firewood 
was  piled  upon  it.     I  set  firo  to  it  myself. 

The  chililron  wore  all  about  the  fire-place,  around  their  mother.  When  I  came  back  to  the  house  fnun 
tho  fiidds.  I  heard  .something  like  moans.  I  suspected  what  it  was.  I  iitn  sure  thoy  were  all  dead  before 
the  iiouso  was  sot  firo  to.  My  son  did  not,  to  my  knowledge,  jiut  any  firo  to  tho  straw.  I. should  not  wonder 
but  my  son  was  on  Iho  street  somewhere  al)out  when  wo  set  fire  to  it.     Brecn  heliied  mo. 

lireen  brought  away  some  butter  ;  wo  had  a  carpet-bag  and  some  bundles  ;  all  tho  traps  were  not  very 
heavy  ;  we  all  heljied  to  carry  them. 

Wiien  we  came  home  1  did  not  notice  whether  Johnny  got  up.  It  was  not  more  than  twelve  or  one  when 
wo  got  houie  ;  my  wife  said  neither  aye  nm-  no  to  us  ;  asked  us  no  questions  ;  she  might  havo  had  an  opiinion 
wlici'o  we  wore  going  that  evening.  I  never  told  hor  about  it,  for  she  never  api)roved  of  such  things.  1  did 
not  tell  her  whore  [  Iiad  iioen.     1  said  I  had  put  tilings  through. 

To  a  .furor. — .She  miglit  have  forme  I  her  own  opinion.  I  made  tho  remark  because  it  was  the  readiest  at 
the  time. 

When  r  gave  my  wife  tho  money  slie  hid  it  ;  she  did  not  got  it  that  night ;  it  was  on  the  table,  and  any  of 
the  family  might  have  taken  some  ;  I  know  it  would  not  be  lost  ;  I  gave  Patrick  the  pocket-book  ;  there  wa.s 
nothing  in  it  when  I  gave  it  to  him  ;  when  he  gave  it  to  me  on  Sunday  there  was  nothing  in  it. 

Tlie  lioy  \vouId  disobey  mo  wlnui  he  got  his  own  lilierty,  he  would  1)0  his  own  master,  but  I  wcadd  not  allow 
him.  I  sent  him  part  of  a  year  to  school.  Ho  hired  out  and  worked  aliout ;  ho  wa.--  good  to  work  ;  ho  worked 
on  the  railroad.  J  think  the  yoimgcst  boy,  James,  has  as  nmch  wisdom  and  knowledge  as  I'atrick  ;  I  snp- 
] II ISC  I'atrick  did  not  know  tho  error  of  wli;it  I  was  doing  at  McKon/.ie's.  I  supiioso,  of  course,  ho  loiew  I  was 
doing  wrong;  but  1  know  ho  would  not  do  it,  anil  could  not  be  got  to  do  it.  1  thought  it  was  foolish  of  him 
ti  tlu'ow  tho  uunoy  about  tho  road  ;  I  showed  the  money  myself  tho  night  before.  I  don't  think  ho  is  as 
wise,  or  has  the  same  ideas  as  some  boys  of  his  ago. 

Though  wo  went  into  tho  woods  we  did  not  c  mceal  ourselves  much,  and  I  never  had  much  ide.a  of  going 
away,  if  wc  had  any  idea  of  it  wo  might  have  Ijeen  three  hundred  miles  away.  If  we  determined  toclear, 
wc  could  have  cleared  in  spite  of  fate  :  we  had  time  enough.  We  may  havo  talked  of  going  but  vo  never 
made  up  our  mind  to  it.  When  lireen  and  I  were  in  llic  house  with  l/cet  on  the  Thursday  night,  my  son 
camo  in.     Wo  did  not  speak  nmch  to  one  another.     I  did  not  sjieak  to  him  as  my  son. 

To  ilr.  \Vctniore. — I  saw  him  fumbling  ralhcr  about  .Mclvonzic,  and  he  might  havo  put  his  hand  in  h'\i 
pockets.  1  shouldn't  wonder  but  he  put  his  hands  in  his  pockets.  Never  told  any  one  luu  Brecn  wiiat  I 
meant  to  do.  I  am  just  as  well  satislicd  1  did  not  escape,  after  having  killed  all  of  them.  I  would  never 
li.ive  diaie  any  good  aflcr  making  such  a  wreck,  and  1  am  satisfied  1  would  have  gone  on  and  done  worse.    If 

1  had  known  the  error  of  every  thing  beti)ro  as  widl  as  I  do,  I  would  have  been  clear  of  it.  1  am  just  as  well 
satisfied  to  die.  It  would  be  impossible  to  describe  what  horror  pervaded  tho  audience  while  he  gave  this 
evidence  in  a  strong  dear  voieo. 

(ileorge  Thom)U|ys  employed  attending  to  tho  ironing  of  tho  jirisoncrs.  Tho  prisoner  at  the  bar  has  a  fool- 
ish kind  of  lauglrfnd  smile  that  seemed  strange.  1  tried  to  impress  on  him  the  awful  nature  of  the  position 
he  is  in.  The  lioy  Inis  no  education,  says  he  was  never  at  church,  lie  tried  to  say  tin'  Lord's  jrayer,  but 
ho  made  a  jumlile  of  it,  so  that  it  was  nothing.  When  first  1  ironed  him,  he  cried  to  ))reak  his  heart,  but 
tiinco  1  saw  no  serious  impression  yn  him.     One  tiiuo  ho  said  to  me,  "  Why,  they  won't  kill  mo— I  did  no 


THE  MISPECK  TRAGEDY. 


31 


•. 


wnmcj  ■'  Tho  morning  he  iirst  came  to  Court  ho  saiil,  "  AVcll.  it  cair  t  he  hclpoil,  Imt  only  for  my  futhor  I 
woiill  iu,t  Ijo  in  this  trouble,  ho  mailo  mo  p:o."  lie  alno  .sniil  im  tour  or  five  ililferent  occiisioiis,  tliat  if  lio 
hml  ivMown  they  were  goini^  to  kill  i>coiilo,  ho  woiilil  never  have  i;one  with  thciu.  1  asla'il  liim  why,  when  ho 
fuinil  tiiey  were  doing  .such  acts,  ho  iliil  not  run  away.  Jlo  seemed  to  t-ignify  that  his  fatlier  would  nut  ap- 
[inne  iif  that.  lie  said  hi.s  father  sometimes  flog;,'ed  him  vi'ry  severely,  lie  seemed  ((uite  tho  reverse  from 
I'oing  ,1  sharp,  shrewd  fellow  lie  is  no  idiot,  but  I  lliiiik  ho  is  none  of  the  shrewdest.  I  don't  think  thero 
is  iiiiy  foolishness  about  him.  Boys  in  the  country  are  in  general  very  ignorant  and  awkward.  I  duii't  know 
whether  tho  laugh  was  put  on. 

To  tho  .-Solicitor  (Jeneral. — The  boy  is  very  ignorant,  ami  knows  nothing  of  his  soul. 

To  .Air.  Kerr.— Tho  laugh  shows  an  ignorant  vacancy  of  mind.     It  seeius  a  halilt.  FTJD.V  Y. 

Mr.  IvKiut  addressed  the  Jury  on  behalf  of  the  prisoner.  He  ask'"'  them  as  men,  as  fathers,  to  uli'Mul  to 
what  ho,  in  discharge  of  the  duty  assigned  him  by  the  Court,  had  t(.  bef  ire  them  in  behalf  of  this  friend- 
less chilli,  lie  knew  when  undertaking  this  case  th.at  there  were  foui  ifencx's — murder,  arson,  robliery,  and 
the  receiving  of  stolen  goods;  but  the  only  charge  on  whieh  the  prisoner  was  now  on  liis  trial  wms  for  tiio 
murder  of  Robert  McKenzie.  Were  tho  first  tho  only  count  in  tho~indictment,  tlie  pri.soner  nmst  be  ae((uit- 
ted,  as  it  charged  tiiat  IJreen  killed  McKenzie.  To  make  the  pri.-oner  accountable  it  should  appear  tlial,  as 
the  indictment  set  out,  that  tho  boy  had  acted  with  malicious  albrethuuglit  and  ]irepense.  One  thhig  was 
evidiMit  from  the  whole  evidence  that  the  boy  took  m  part  in  tho  killing.  The  man  liiecn,  whom  he  would 
not  desire  to  dispiirage,  now  at  tho  clo.=e  of  life,  but  who  naturally  felt  hatred  towards  tho  ."^lavins,  who,  ho 
thought,  brought  him  into  that  po.sition,  had  stated  that  the  boy  tc)')k  no  piut  in  the  murder  :  and  tVoui  lireen 
they  had  got  but  half  tho  evidence,  for  they  saw  that  in  a  litile  time  the  demons  gleamed  out  from  every 
feature  of  the  unfortunate  man.  Tho  evidence  of  (he  father  in  the  last  testimony  he  should  ever  give  until 
he  appeared  before  liis  Goil,  was  that  tho  boy  took  no  part  in  the  muriler.  One  thing  may  apjiear  horriblo 
to  them,  that  iit'ter  these  murders  were  perpetrated,  the  boy  shuuld  have  .sought  f>r  f)od  and  have  eaten. 
liut  they  shouhl  remember  what  boys  are  ;  how  strong  with  them  aro  the  cravings  of  Miiiietite,  nnd  that  this 
boy  hail  had  no  dinner,  and  had  walked  nine  miles.  The  learned  Counsel  dwelt  with  nuuh  etfeit  on  tho 
extraordinary  course  followed  in  bringing  up  Breen  as  a  witness  for  tho  Crown.  This  law  of  evidence  ap- 
peared to  suit  this  case,  and  this  man  was  allowed  to  niake  an  explanation  of  his  own  ease,  but  the  ptmr  boy 
at  the  biir  had  no  privilege,  but  was  led  dumb  to  the  slaughler.  If  he  could  spe.dv  he  wiaiM  tell  Ih  in,  as 
he  had  told  .Air.  Thomas,  that  he  did  not  know  what  they  went  to  do,  and  that  when  ho  knew  wh.it  tb.ey 
done,  '  ■    '        ■  "  ■   '        '  ■  •    •  


)0l- 

ion 
ait 

lUt 

no 


^„  ...  ,.._  .. ^ 

who  so  coolly  detailed  all  the  particulars  of  ih.it  horrid  massacre,  coiiuuitted  'ly  him,  would  train  a.  lioy  liko 
this,  ;uid  he  asserted  that  the  bi)y  following  his  father,  was  in  fact  liltle  more  than  as  a  ilog.  lie  implored  of 
tliem  to  try  (his  case  by  no  cducateil  standard.  The  law  holds  that  an  infant  luider  fourteen  years  is  not 
account.ibii;  for  any  crime,  as  it  hoMs  that  ho  is  not  C.M'.w  Doi.i — capable  of  cunning  malice  ;  but  it  was 
held  thiit  if  cajiacity  for  crime  were  proved  in  an  infant  under  fourteen  ye.irs,  he  slauild  be  held  acc<amtablo 
and  executed.  Then,  surel}',  if  it  were  shown  that  a  boy  over  fourteen  was  in<ire  ignorant  and  simple  th:in 
most  boys  under  fourteen,  he  should  bo  hell  incapable  of  crime.  He  described  the  conduct  of  the  jaasoners 
when  arraigned,  and  argued  that  l!ie  conduct  of  tho  boy  then,  !is  well  as  his  vacant  biugh  in  ))iison,  his  dis- 
[ilay  of  money  on  tho  roid,  throwing  a  sovereign  to  the  witness  Hill,  prove  I  that  the  boy  was  simple,  incapa- 
ble of  distinguishing  sufficiently  between  right  and  wrong,  igmu'ant  of  the  value  of  money,  and  not  the  per- 
son to  form  any  concert  to  commit  this  erimi,-.  The  real  and  only  projier  tiist  in  this  case  was  tiiis— -was  tho 
boy  of  sulUcient  caiuu-ity  when  his  f  ither  ordered  him  to  accoaiiiany  him  on  that  oecasi(ai  to  refuse  ant  say, 
•'  It  is  wrong;  you  are  about  to  do  wlnit  is  wrong,  and  if  you  go  I  will  inform  Justice  Hawks;  that  is  what 
religion  a  d  the  law  requires  I  should  do."'  That  was  tlie  true  standard.  Ho  had  thi;  commands  iind  tniin- 
ing  of  his  wicked  father  on  the  one  hand  and  no  instruction  or  knowledge  of  his  duty  on  the  other.  AVhiit 
would  he  expect  of  his  own  children,  even  with  all  the  instruction  lu>  ccnild  give  them,  if  he  commanded  thein 
to  join  him  iu  doing  wrong.     Would  his  children,  would  their  cliildren  rebel  .' 

Was  the  charge  of  malice  aforethought  made  out  .'  Was  there  m;itur(!  .judgment  and  an  unrcstr.iined 
will  {  Was  thero  on  the  boy's  [lart  any  [ireviiais  concert  ?  The  evidence  in  this  case  would  ever  lio  before 
them.  Let  them  ask  themselves  whether  they  eould  hereiiftcr  fe(d  satisfied  in  their  consciences  for  sending 
this  boy  to  execution  (ai  the  evidence  before  them.  The  learned  Counsel  rel'erreil  to  tho  case  of  the  boy 
Carroll  (lUi. gen  7)  hanged  for  stealing,  and  the  feelings  resiieeting  his  e.xecuticMi  that  li.avo  since  juevailed 
in  the  eominunity.  In  that  in-tance,  as  in  this,  the  boy  was  known  to  be  weak  ot  intellect  With  much 
power,  and  at  groat  hmgth,  ho  prayed  the  .lury  to  have  mercy  on  this  poor  boy,  and  on  his  mother— about  to 
bo  a  widow.     It  was  theirs  to  feel  and  show  mercy  in  this  ease.  "HZHZ 

Tho  .\ltorney  General  said  he  hail  beei.  called  on  to  prosecute  almost  every  crime  known  to  (ho  law  ;  min- 
der, ai>oii.  ra[io,  and  all  the  others,  but  the  crime  in  thi.s  case  iiresenteil  a,  scene  entirely  unparalleled  in  tho 
annals  of  justiee,  and  he  never  entertained  such  feelings  before.  I'roiii  the  informatiiin  laid  before  him,  ho 
w;'s  almost  appalled,  and  he  approached  the  case  with  the  determination  to  do  nil  in  his  jiowcr  that  justico 
uiay  bo  done.  Ho  agreed  with  tho  .Solicitor  General  that  they  should  try  this  ease  strictly  according  to  law 
and  the  eviilence.  Had  the  Counsel  for  the  pri.siaier  been  entiiloyed  to  defend  the  richest  nabob,  they  (/(aild 
not  have  displayed  more  zeal.  He  would  say,  never  mind  what  may  be  said  hereor  el.-ewhere  ;  try  this  easo 
tiecording  to  the  evidence.  Ho  observed  that  the  Jury  had  intensely  marked  all  the  evideiu'e,  and  he  was 
satisfied  the  easo  was  tried  most  im|iartially.  Put  the  conduct  of  the  boy  in  the  hottest  eruciide  ;  suliject  it 
to  tho  most  .-ievere  tests,  and  if,  in  this  va<t  desert  of  crime,  thero  is  one  liltle  oasis,  give  the  boy  the  bcnctit 
of  it.  It  was  with  great  i)ain  that  they  had  called  IJreen  :  but  they  felt  that  the  scenes  enacted  at  Misj-eek 
woulil  ilisgraco  tho  most  barbaric  lauvl  in  the  most  barbarous  age,  and  it  was  their  duty -to  do  what  would 
serve  tho  ends  of  justice.  They  did  not  know  what  might  have  iias.<ed  in  the  minds  of  iiny  one,  and  if  any 
doubt  pa.ssud  over  tho  mind  of  any  Juryman,  they  felt  that  it  was  right  to  him  to  have  tliikdoulit  remove.l, 
and  to  sati.sfy  every  man  of  tho  guilt  of  the  [irisuncr.  In  tenderne.ss  to  the  father  they  sel^Pd  Ureeii  as  their 
witness.  It  was  rightly  ob,~crved  by  his  learned  friend,  that  the  Crown  has  no  malice;  no  foldings,  \o 
matter  what  their  feelings  as  men.  Any  man,  ho  supposed,  would  shudder  at  having  before  him  thu  invo,,- 
*iii;ition  into  such  horriblo  circum,stancos. 


32 


THE  MISPECK  TRAGEDY. 


Fintn  this  multituilo  of  crimes  thoy  seloeteil  tho  greatest  known  to  the  law,  anil  belicvin.;»  the  nrisonor 
piiilty,  tlicy  tliouj,'ht  it  tlioir  iliitj'  to  iirovo  him  guilty,  if  jKH.siljlo.  Tlieir  only  ohjeut  was  to  vimlicato  tho 
law  of  tho  l.ind.  At  the  <i|ioniiig  the^'  thought  they  could  make  out  tho  case  three  ways  :  by  eviilence  of 
I'aets  ;  l)y  the  eonfession  of  the  jirisoner.",  ami  by  surrounding  cireumstaneo.s.  Tho  murder,  tho  burning,  tho 
robliery,  all  were  thrown  together  in  one  dark  entaloguo  of  crime,  and  every  ono  was  ajjiialleil  at  the  moral 
turjiitude  of  the  men,  and  astonished  that  monsters  cajialile  of  sueh  crimes  were  prowling  al)0ut  thi,s  country. 
A  thrill  of  horror  at  tlie.so  aiipalling  crimes  had  jiassed  through  tiie  country,  and  men  were  terrified  to  tiiink 
that  such  fiends  existed,  anil  were  in  our  midst.  They  now  knew  that  murder  was  committed  ;  they  now 
knew  will)  connnitfed  it.  and  how  it  was  done.  A  man  on  tho  stand  as  witness  in  a  small  debt  case  could  not 
bo  more  cool  than  was  old  Slavin,  when  narrating  the  facts  of  this  case.  Tliey  could  mark  how  tho  hand  of 
IVovidenco  was  visible  in  tho  discovery  of  tho  criminals.  Thoy  must  i)o  amazed  to  think  tliat  tlio  jiresenco 
of  the  {MMir  chililren  could  all'ord  no  |)n)tection  to  tiie  mother.  Tho  evidence  impressed  on  him  t  e  conviction 
that  tho  lioy  was  of  a  most  diabolical  nature,  and  was  not  fit  to  bo  let  loose  on  this  country,  liookat  his  con- 
duct before  the  act,  during  its  iiorpetration  and  after.  I'nlcss  tiio  boy  know  beforehand  that  some  diabolical 
deed  was  to  bo  done,  ho  would  never  h.lvo  aetoil  as  ho  had  done. 

The  evidence  of  Loot  showed  that  the  boy  was  jirowliiig  about  tho  place  for  days,  and  Brecn  told  them  that 
tho  boy  knew  all  aliout  it.  They  saw  that,  though  tlie  father  corroborated  lirecn's  evidence  in  every  iin- 
jiortanl  particular,  ho  showed  a  disposition  to  screen  the  lioy,  and  tho  boy  had  capacity  enough  to  try  in  his 
story  to  screen  himself  and  his  father,  lie  knew  also  that  J'lreen  wa.'*  called  Williams.  JIc  connneiitcd  on 
the  condui't  of  tho  boy  when  liOot  saw  him  on  tlie  road  and  in  the  honso,  showing  that  the  boy  knew  what 
was  going  on,  and  know  how  to  jilay  his  jiint,  and  wlion  llobinson  saw  him,  taking  to  the  woods.  l)idnotaU 
this  show  tliat  tho  boy  knew  they  were  ])laiining  something,  and  had  capac-ity  to  take  share  in  it.  To  say 
tliat  a  boy  who  could  aci  in  this  way,  and  who,  after  the  family  were  slaughtered,  and  while  the  bodies  woro 
lying  about  bleeding,  could  go  in  and  eat  broad  and  drink  milk,  had  no  complicity  in  what  was  done,  would 
liu  to  insult  tho  jury,  .lohnny  r^lavin  stated  that  tliey  all  said  ivhen  tliey  started  on  Saturday  that  tliey  woro 
going  to  IJIai'k  lliver,  and  <ilil  Slavin  himself  said  he  couldn't  say  but  the  boy  knew  what  tiiey  wore  going  to 
do.  The  boy  told  ."^coull.ir  he  thought  they  were  going  to  rob,  tliat  ho  ,-toppc  Ion  the  hill,  and  that  the  wholo 
thing  was  done  by  Lreen.  Here  was  a  two-fold  iironf  of  his  capacity  and  eomi)licity  ;  ho  strove  by  this  to 
free  liiiJiself  and  his  father.  JJreen  said  tho  lioy  was  in  the  house  while  tho  murder  was  committed,  and  took 
the.  key  out  of  McKen/.ie's  jiocket;  old  .Slavin  did  not  contradict  this,  but  said  ho  thought  tho  boy  found  tho 
key  on  the  floor.  Thoy  both  stated  also  that  the  lH)y  was  at  the  upper  house  while  the  woman  and  children 
wore  iiiur  Icred.  He  came  in  after,  and  looked  at  tho  clock,  and  very  coolly  told  them  what  o'clock  it  was. 
And  in  the  lower  house  Breen  says  it  was  ho  who  put  tho  candle  to  the  straw.  It  was  said  i.  was  under  tho 
duresse  of  his  father.  That  couM  not  o.\cul])ate  him  ;  but  look  at  his  conduct  after  the  triiii-action— his  fly- 
ing with  the  others  under  consciousness  of  his  guilt.  The  story  the  boy  told  the  witness  lliil  was  a  very  im- 
])ortaiit  cin-umst;ince  as  a  test  of  the  boy's  capacity.  All  these  things  tend  to  show  the  kind  of  disposition 
with  which  tho  boy  was  mi.xed  up  in  the  matter,  and  whether  the  boy  was  imbecile  as  was  asserted.  The 
iiiglit  of  I  lie  boy  at  the  time  of  tho  arrest  of  the  party  was  no  proof  of  imbecility.  What  was  said  of  the  harsh- 
ness of  his  father  had  nothing  to  do  with  tho  case. 

Tho  facts  of  the  murder  and  burning  wore  all  proved  ;  the  only  question  was,  what  ]iart  the  boy  took.  It 
did  scoin  to  him  that  there  was  such  a  concurrence  of  circumstances  proving  the  complicity  of  the  boy,  that  he 
could  not  escape  from  it.  This  pica  of  insanity  or  imbecility  had  become  very  fashionalile  in  cases  of  high 
crimes  lately.  After  a  prisoner  had  lain  some  time  in  gaol,  a  .sympathy  grew  up  in  his  behalf,  and  many 
persons  conversing  with  him  ijccame  convim  ed  of  bis  insanity  or  imiiceility,  and  were  glad  to  bo  able  to  ac- 
count in  such  a  way  for  the  commission  of  sii.ii  an  enormous  crime.  Sever;'  i  -if  the  witnesses  wished  to  niako 
out  that  the  boy  was  of  weak  intellect,  but  iiuiio  of  them  would  say  ho  was  a  fool  or  idiot.  Uut  in  a  case  of 
this  hind,  where  tho  boy  was  at  le:ist  si.xte-a  years  of  ago,  they  should  have  stronger  evidence  than  any  they 
had  beard,  betiire  they  determined  to  acipi.t  the  prisoner  in  such  a  case.  The  learned  Coun.~ol  had  talked  of 
svmpathy  :  he  (.Vttorney-tjciicral)  had  a-  :auch  sympathy  as  most  men,  but  his  sympathy  was  drowned  in 
tile  blooti  of  that  jioor  woman,  swallowed  up  in  the  groans  of  McKenzie,  and  if  any  was  left  it  was  dcstroyeJ 
by  the  shrieks  of  those  poor  children,  ile  had  talked  of  mercy.  Stern  justice  would  in  this  case  lie  mercy 
to  the  country.  What  mercy  was  there,  when  without  a  moment  the  father,  mother,  an.l  children  were  hur- 
ried before  the  living  tiod  ! 

This  was  a  case  standing  out  from  all  others,  anil  ho  was  so  strongly  impressed  with  tho  conviction  that 
all  the  parties  were  so  interwoven  in  ono  nu^<ll  of  iniquity,  that  he  felt  it  his  duty  to  impress  tho  facts  on  thorn, 
and  ask  them  to  deal  in  this  case  with  the  stuliborn,  awful  facts,  with  stern,  impartial  justice.  iS'exl  to  them- 
selves and  the  Judge,  the  two  men  on  whom  most  tlevolved  the  responsibility  in  this  ease  wore  himself  and 
his  colleagues  ;  and  ho  was  detennineil  from  the  first  that  on  tho  Jury,  and  them  onlj-,  should  devolve  tho 
whole  of  tho  awful,  responsibility  in  this  case,  and  they  now  stood  between  the  living  and  the  dead.  Tho 
learned  Counsel  had  talked  of  Christianity.  In  this  case  everything  was  .so  repellant  to  every  piiiuiplo  of 
Christianity,  that  it  left  him  divested  of  any  feelings  Ijiit  those  of  an  officer  of  tho  Crown,  seeking  the  vindi- 
cation of  the  laws  of  tho  land.  The  learned  Counsel  had  talked  of  mercy.  Mercy  may  bo  sometimes  dis- 
jilaced.  If  in  this  vast  wildernoss  of  crime,  there  was  any  beacon  light,  let  tho  boy  get  tho  benefit  of  it;  but 
let  tlicin  investigate  tho  evidence  only  according  to  the  strict  stern  reiiuirements  of  justice.  They  were  tho 
sentinels  on  tho  watch  towers  of  the  constituta)n,  and  they  had  to  guard  the  lives  of  the  peoidc  of  the  country, 
lie  iiad  had  his  own  feelings  on  Capital  Punishment,  but  they  had  been  greatly  changed  by  these  events, 
which  had  shaken  his  mind  to  its  greatest  depth;  and  for  th(' two  prisoners  who  had  pleaded  guilty,  thero 
was  no  chance  of  escaping  the  vengeance  of  the  law — of  the  (jther  ho  would  now  say  nothing  ;  but  the  enor- 
milv  of  this  fearful  crime,  the  well-being  of  the  country,  tho  safety  of  tho  women  and  children  who  live 
alono,  all  reijuire  that  the  law  should  be  carried  out,  and  he  believed  that  this  was  the  only  means  of  jnotect- 
im^  the  imblic.  This  case  stood  out  in  bold  relief  from  all  others,  hideous  in  its  enormity,  and  would  be  sjio- 
kcn  of  tor  many  generations,  For  himself,  he  felt  relieved  that  tiie  agony  was  nearly  over,  iind  that  he  would 
be  freed  from  Uie  intense  aii.xiety  he  had  felt,  and  he  now,  on  liehalt  of  the  country,  asked  them  to  judge  of 
this  case  accogiing  to  the  strict,  stern,  impartial  reiiuirements  of  the  law,  between  whose  oll'ended  majesty 
and  the  pii.-onWat  the  bar,  they  now  held  the  balance. 

The  learned  Juilgo  (Parker)  then  charged  the  Jury.  While  reading  tho  evidence,  he  was  deeply  affected, 
and  for  some  time  scarcely  abic  to  utter  a  word,  while  the  tears  ran  down  his  cheeks. 

After  the  Jury  had  retireil,  tho  Jud^'e  ordered  the  [  ri.-^oucr  to  be  roia, aided,  an^l  the  other  two  prisoners 
to  be  bi ought  iu. 


SENTENCE    OF    THE     PRISONE'iS. 


ttriok 

>'t  br    itblesH  v 


^lavir  Sen. 

the  exoilement  that 


-fverally  iibi       if  they  hud  iinytbing 


'tt|>arat« 
>«  in  ad 
;rMa  laid, 

lUIHtaiRW 

iiMinj  p«r 


Sentenca  of  Deat'i  on  Hugh  Breer.  iM 

The  Court  wns  now  densoly  crowded  in  every  part,  and  so    iii.  n 
a  pin  might  be  heard  full. 

The  Attorney  Genornl  having  prayed  judgment,  the  prisoners  w 
to  say  why  sentence  of  death  should  not  bo  piissod  on  t^om. 

Broen  said  nothing.    Slavin  only  said—"  I'm  satisfied." 

The  Judge  then  said — Hugh  Broon  and  Patriclt  Slavin,  althougli  you  have  pleaded  .c;!iil( 
indictments,  the  evidence  and  your  own  stnteuionls  show  that  your  offence  was  one,  uad  w 
dressing  you  together.  On  your  own  solemn  confession  you  stand  convicted  murderers.  ( Ik 
"  Yes,  Sir.")  You  deliberately  planned  and  perpetrated  this  murder  under  the  most  atrocious 
— that  have  filled  everj'  one  with  feelings  of  horror  and  nlnrm,  so  that,  because  of  your  con>l' 
rons  are  afrnid  to  pursue  their  usual  avocations.  You  killed  this  man,  his  wife,  and  four  little  i  lul  iien  or  tb 
flake  of  possessing  yoursel  vo«  of  the  means  ho  had  acquired  by  his  honest  labor  for  the  t^upport  of  his  family  ; 
and  now  you  stand  as  u  terror  and  warning  to  all  evil-minded  persons,  who  desire  to  take  by  force  the  pro> 
perty  of  their  neighbors.  I  hardly  know  what  to  say  to  you  under  such  circumsfanees.  You  yourselves 
seem  to  be  sensible  of  the  awful  position  in  which  you  stand.  I  can  only  entreat  you  to  o.«k  mercy  of  jrour 
God  who  nlono  cnn  pardon  you.  You  have  time,  though  this  was  not  granted  to  your  wretched  victims  : 
make  good  use  of  that  time :  send  for  the  minister  of  your  religion ;  address  yourselves  to  your  Lord  in 
heartfelt  earnest  prayer,  and  may  tie  through  the  precious  merits  of  his  Son  grant  you  pardon.  It  only 
remains  now  for  me  to  pronounce  the'  awful  sentence  of  the  law  for  your  diabolical  crimcii.  The  Judge  then 
(addressing  each  by  name)  pronounced  the  sentence  of  the  law  :— That  you  be  taken  hence  to  the  place  from 
whence  you  camu,  and  thence  on  Friday  the  11th  day  of  December,  to  the  place  of  execution,  and  that  there 
you  be  hanged  by  the  nock  until  you  are  dead,  and  may  the  Lord  have  mercy  on  your  souls. 

The  prisoners  were  tiien   remanded.      They  preserved  the  same  firm  demeanor  they  hud  exhibited 
throu;;hout. 


Patrick  Slavin,  Jr.,  Found  Gnilty. 

The  Jury  soon  after  oanie  into  Court  and  returned  a  verdict  of  guilty  against  Patrick  Slavin,  Jr.,  but  with 
A  recommendation  to  niorcy.     The  Court  then  adjourned. 


POSTSCRIPT. 

Sentence  of  Patrick  Slavin,  Jr. 

On  Friday  nt  2  o'clock,  Patrick  Slavin,  Jr.,  having  been  brought  into  Court,  and  the  Solicitor  General 
having  moved  that  sentence  be  passed,  his  Honor,  Judge  Parker,  addressed  the  prisoner.     He  said  :— 

Patrick  Slavin,  you  stand  in  as  dreadful  a  position  as  any  nran  can  stand,  and  I  ho])e  you  will  therefore 
attend  to  what  I  now  say  to  you.  You  wore  charged  with  having  aided  your  father  and  Hugh  Breen  in  the 
murder  of  Robert  McKcnzie,  and  after  a  most  patient  and  attentive  consideration  of  j'our  case,  after  all  that 
able  counsel  could  do  in  your  behalf,  a  most  respectable  and  intelligent  Jury  have  found  yon  guilty.  There 
never  was  A  verdict  received  with  more  approbation,  for  the  evidence  was  such  as  to  bring  conviction  to 
every  man  that  you  were  guilty.  The  Jury  taking  into  account  your  age,  your  want  of  education,  the  bad 
example  of  your  father,  and  the  fiict  th.at  you  might  have  bee^  in  some  degree  under  coercion,  and  influ- 
enced by  a  droad  of  his  severity,  have  recommended  you  to  mercy.  There  can  be  no  doubt  that  you  knew 
what  the  intentions  of  your  uocomplicos  were.  When  Breen  went  up  for  McKenzie,  when  your  father  wait- 
ed in  that  dark  room  with  the  axe  in  his  hand,  and  you  wero  with  him,  yuu  must  have  known  what  his  in- 
tentions were  ;  and  wlion  McKenzie  fame  to  the  house,  and  was  struck  down  before  ho  could  utter  one 
prayer  for  mercy,  what  was  your  conduct  7  You  did  not  interpose  to  save  him  ;  you  did  not  attempt  to 
alarm  him,  or  a^k  that  ho  may  be  spared,  nor  did  you,  when  the  deed  was  done,  fly  in  terror,  or  .show  in  any 
way  that  you  had  not  oxpeeted  it,  bi'  "ou  hovered  round  and  soarcliod  the  body  for  plunder.  What  was 
your  conduct  after?  Keen  for  the  work,  to  use  the  expression  of  Breen,  you  went  with  them  to  the  other 
house  and  looked  on  while,  with  another  axe,  your  father  killed  that  poor  woman,  and  then  with  a  brutality 
unparalleled,  struck  down  the  little  children.  I  do  not  know  if  there  is  reconled  any  ca.se  so  horrible,  so 
brutal  as  this.  Yet  you  looked  on  it  all.  When  you  returned  to  the  hou.se  again  you  heard  the  moans  of 
the  wretched  victims,  yet  you  as.sisted  your  father  in  searching  the  house  for  the  plunder  you  nought.  And 
what  was  your  conduct  after  your  return  homo  7  While  your  father  narrated  to  your  motiier  and  your 
little  brothers,  the  horrible  deeds  he  had  committed,  you  coolly  enquired  what  part  of  the  clothe.'*  of  the  mur- 
dered man  you  could  appropriate  to  your  own  use. 

All  this  fully  proves  ttiat  if  your  oondut-i  hiis  not  been  as  black  and  dark  as  that  of  the  two  principals  in 
this  crime,  it  has  been  black  and  dark 'enough,  and  leads  to  the  question  if  at  the  ago  of  si.^cteen  you  were  as 
capable  of  so  great  a  crime,  what  will  you  be  ten  years  hence,  should  your  life  be  spared ;  and  were  it 
not  that  the  two  others  convicted  of  the  same  crime  seem  oven  more  guilty  than  you,  it  is  probable  that  you 
would  pay  the  extreme  penalty  of  the  law.  But  as  the  demand.s  of  justice  would  seem  to  be  satLsfiod  in  thiji 
case  by  the  death  of  the  two  greater  criminals,  I  ha\  c  not  thought  it  inconsistent  with  my  duty  to  recom- 
mend to  Her  Majesty's  representative  that  the  mercy  prayorl  for  by  the  Jury  be  extended  to  you,  and  I  can 
now  give  you  hope  that  your  life  will  bo  spared  ;  but  I  can  liold  out  no  hope  that  you  will  again  be  let  loose 
on  the  community,  although  it  is  not  fur  me  to  .say  what  you  r  penitence  and  years  of  good  conduct  may  effect. 
The  clemency  of  the  country  will  always  be  granted  to  the  deserving.  The  learned  Judge  then  exhorted  the 
prisoner  to  a  sincere  and  heartfelt  repentance  and  an  earnest  effort  to  amend.  He  hnd  already,  while  in 
geiol,  received  some  instructions— let  him  hearken  to  instruction  and  profit  by  it.  The  story  he  told  Mr. 
Scoullar,  and  the  cunning  with  whicli  he  strove  to  relieve  his  father  and  throw  thu  weight  of  guiilk  on  Broen, 
showed  that  he  did  not  lack  intelligence,  nnd  he  would  now  get  the  opportunity  of  amending,  if  ho  chose. 
While  in  the  Penitentiary  he  would  meet  with  many  entering  on  the  paths  of  crime.  These  he  should  warn 
of  the  evils  of  such  a  course,  and  ho  should  by  his  whole  conduct  and  demeanor  prove  his  sorrow  for  his 
crime,  and  his  gratitude  for  the  mercy  shown  him.  The  learned  Judge  then  pronounced  sentence,  pro  forma, 
that  the  prisoner  be  executed  on  the  fourth  of  March  next. 

The  prisoner,  who,  during  the  whole  time  kept  his  arms  folded  and  seemed  perfectly  unmoved,  was  then 
removed  to  gaol. 


